Claremont v. Rand
Supreme Court of New Hampshire
Bill in Equity, to reform and enforce a contract of guaranty. The defendants demurred generally. Transferred from the Hay term, 1910, of the superior court by Pike, J. In 1905, the plaintiff town “voted to authorize the water commissioners to extend the water mains from Draper’s corner, so called, along Maple avenue to and including the Sullivan County Fair Association grounds and Pinehurst, so called, provided the people along the line shall guarantee the water…
Read the full summary
Bill in Equity, to reform and enforce a contract of guaranty. The defendants demurred generally. Transferred from the Hay term, 1910, of the superior court by Pike, J. In 1905, the plaintiff town “voted to authorize the water commissioners to extend the water mains from Draper’s corner, so called, along Maple avenue to and including the Sullivan County Fair Association grounds and Pinehurst, so called, provided the people along the line shall guarantee the water commissioners eight per cent upon the expense of extending the water main.” Thereafter the defendants signed the following document:…
1Opinion of the CourtPeaslee, J.
The reformation prayed for is not needed. While it is true that the fact the guaranteed rental is an annual one is not stated in terms, yet it is manifestly so intended, and such is the legal interpretation of the language used. Kendall v. Green, 67 N. H. 557.
No ground is shown upon which the bill can be maintained as a more convenient remedy than a suit in assumpsit against the signers of the agreement. In such a suit the plaintiff will be entitled to a judgment and execution against each defendant for the whole amount due. It is not apparent wherein equity could give a remedy more ample or…
2Cases cited2 opinions
- Kendall v. GreenSupreme Court of New Hampshire · 1893
- Davison v. DavisonSupreme Court of New Hampshire · 1901
3Cited by4 opinions
- Phinney v. LevineSupreme Court of New Hampshire · 1977
- Foss v. PlaceSupreme Court of New Hampshire · 1916
- Wilson v. McCarrollSupreme Court of New Hampshire · 1923
- Salganik v. United States Fire InsuranceSupreme Court of New Hampshire · 1922