C. & R. Construction Co. v. Manchester

The plaintiff does not suggest, as was done in Pike v. Buzzell, 75 N. H. 486, any specific fact not in the record that would serve to support its contentions. It apparently relies upon a chance that a trial by jury might disclose some circumstance as yet unknown and even unguessed. We cannot conjecture what facts a trial might disclose in addition to those to which the parties have agreed. The facts before us are not so meager or ambiguous or inconclusive that the case should be discharged without decision, as was done in Strafford County v. Dover, 74 N. H. 601.

The plaintiff relies upon the…