Leavitt v. Stanley
Supreme Court of New Hampshire
1Opinion of the Court
*728Memorandum Opinion
Johnson, J.
This is an appeal from a ruling by the Pittsfield District Court (Kidder, Sp. J.) awarding the plaintiff $360 based on a theory of mutual mistake of fact concerning a defect in a used car. We find that the district court erred as a matter of law, and accordingly we reverse.
Since there is no record of the trial court proceedings below, the only facts that we may consider in this case are those admitted by both parties in their briefs and at oral argument to have been before the district court. See Demers Nursing Home, Inc. v. R.C. Foss & Son, Inc., 122 N.H. 757,…
2Cases cited5 opinions
- Demers Nursing Home, Inc. v. R. C. Foss & Son, Inc.Supreme Court of New Hampshire · 1982
- Derouin v. Granite State Realty, Inc.Supreme Court of New Hampshire · 1983
- Batchelder v. Northern Fire Lites, Inc.District Court, D. New Hampshire · 1986
- Clinical Lab Products, Inc. v. MartinaSupreme Court of New Hampshire · 1981
- Leclerc v. Prudential Insurance Co. of AmericaSupreme Court of New Hampshire · 1944
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