Lawrence v. Toothaker
Supreme Court of New Hampshire
Assumpsit, for services rendered in making plans for a schoolhouse in Berlin. Trial by jury and verdict for the plaintiff. Transferred from the December term, 1907, of the superior court by Chamberlin, J., on the defendants’ exception to the denial of a motion for the direction of a verdict in their favor.
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Assumpsit, for services rendered in making plans for a schoolhouse in Berlin. Trial by jury and verdict for the plaintiff. Transferred from the December term, 1907, of the superior court by Chamberlin, J., on the defendants’ exception to the denial of a motion for the direction of a verdict in their favor. The evidence tended to show the following facts: The plaintiff is an architect, and the defendants constituted the board of education in Berlin at the time of the contract in question. The defendants requested the plaintiff to make plans for a school building to take the place of one which…
1Opinion of the CourtWalker, J.
The evidence is not sufficient to support a finding that at the time the contract was made the defendants intended to bind themselves personally, or that the plaintiff understood they did. No express promise on the part of the defendants was made, and it was not suggested by the plaintiff that the defendants were to be deemed the responsible contracting parties. Nor is there any evidence that the defendants suppressed any material facts relating to their authorization to bind the city. Both parties acted in good faith upon the assumption that the defendants were authorized to make the…
2Cases cited1 opinion
- Ogden v. RaymondSupreme Court of Connecticut · 1852
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