Duby v. Osgood

Memorandum Opinion

The issue in this action for breach of contract is whether the master’s determination that the plaintiff failed to prove that the defendants had not conveyed a marketable title is supported by the evidence. We hold that the evidence supports the finding of the Master (William H. Beckett, Esq.) and overrule the plaintiff’s exceptions which were transferred by Cann, J.

In resolving this issue we begin by observing that a master’s findings of fact are binding on this court if supported by the evidence. Ballou v. Ballou, 118 N.H. 463, 387 A.2d 1169 (1978). Questions regarding the…