Legal Opinion

Willard v. Sullivan

Supreme Court of New Hampshire

Decided December 5, 1898PublishedCited by 4 opinions

Willard v. Sullivan. Assumpsit, to recover upon a special promise by the owner to pay the past and future bills of a sub-contractor. Facts found by the court. One Beaudry, the principal contractor, was asked -what the final result of his contract with the owner was,— whether the house cost more or less than the contract price. The plaintiff objected on the ground that it was immaterial.

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Willard v. Sullivan. Assumpsit, to recover upon a special promise by the owner to pay the past and future bills of a sub-contractor. Facts found by the court. One Beaudry, the principal contractor, was asked -what the final result of his contract with the owner was,— whether the house cost more or less than the contract price. The plaintiff objected on the ground that it was immaterial. The defendant’s counsel asked the privilege of inquiring along that line for the purpose of testing the memory of the witness, and was permitted to do so to a considerable extent. The court then ruled that he…

1Opinion of the CourtBlodgett, C. J.

How far justice required the inquiries to Beaudry, upon the immaterial point whether the house cost more ■or less than the contract price, should be allowed to go for the purpose of testing his memory, was a question of fact to be determined at the trial (Spalding v. Merrimack, 67 N. H. 382, 383; Baldwin v. Wentworth, 67 N. H. 408, 409); and his statements so made were not open to contradiction upon the other immaterial point as to whether he had been fully paid by the defendant for building the house. Sumner v. Crawford, 45 N. H. 416, 418; Dewey v. Williams, 43 N. H. 384, 386; Hersom v.…

2Cases cited2 opinions

  1. Baldwin v. WentworthSupreme Court of New Hampshire · 1892
  2. Spalding v. MerrimackSupreme Court of New Hampshire · 1892

3Cited by4 opinions

  1. State v. MannionSupreme Court of New Hampshire · 1927
  2. Cohen v. United StatesCourt of Appeals for the First Circuit · 1932
  3. Despiau v. United States Casualty Co.Court of Appeals for the First Circuit · 1937
  4. Kaplan v. SwartzCourt of Appeals for the First Circuit · 1930

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