Perkins v. Roberge
Supreme Court of New Hampshire
Assumpsit, to recover a balance claimed by the plaintiff to be due on a written contract. Trial by the court. Verdict for the plaintiff
1Opinion of the Court
"Wallace, J.
The plaintiff agreed in- writing with the defendant to build a baker’s oven and furnace in a workmanlike manner, in accordance with a plan and specifications furnished by the defendant. The oven was built by the plaintiff in accordance with the contract. It did not work in a satisfactory manner on account of the fault of the plans. The failure of the oven to work in a satisfactory manner being attributable to the defects in the plans furnished by the defendant, and not to the failure of the plaintiff to perform his contract, he is entitled to recover the contract price for the…
2Cases cited4 opinions
- Gutterson v. MorseSupreme Court of New Hampshire · 1877
- Merrill v. PerkinsSupreme Court of New Hampshire · 1879
- Amoskeag Manufacturing Co. v. HeadSupreme Court of New Hampshire · 1879
- Perkins v. TowleSupreme Court of New Hampshire · 1880
3Cited by5 opinions
- Story v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1900
- Thiem v. ThomasSupreme Court of New Hampshire · 1979
- Huetter v. Warehouse & Realty Co.Washington Supreme Court · 1914
- Sanders v. Boston & Maine RailroadSupreme Court of New Hampshire · 1914
- Murray v. McNamaraSupreme Court of New Hampshire · 2015