Smith v. Morrill
Supreme Court of New Hampshire
Assumpsit, for services as an architect. The case was heard by a referee and transferred upon the report by Peaslee, J., at the April term, 1901, of the superior court. The defendant filed a plea of recoupment containing several items, all of which were disallowed.
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Assumpsit, for services as an architect. The case was heard by a referee and transferred upon the report by Peaslee, J., at the April term, 1901, of the superior court. The defendant filed a plea of recoupment containing several items, all of which were disallowed. In a letter during the course of negotiations and before employment, tlie plaintiff wrote the defendant as follows: “ In regard to total cost of building, yon understand of course that in ease the estimates exceed the amount you stipulated, my drawings, specifications, etc., will he modified to bring the cost to the amount you…
1Opinion of the CourtPabsons, J.
1. The expert testimony as to the meaning of the term “ modification ” related to an issue as to which no finding has been made. If the evidence tended to establish that the word is given a peculiar signification among architects and their clients, it is not found that the term has such meaning in that connection. The course of the trial developed that this issue tendered by the plaintiff was immaterial, and the evidence was properly disregarded by the referee. If the plans in question were not modifications according to the ordinary acceptation of the term, it is of no consequence whether…
2Cases cited7 opinions
- Kendall v. GreenSupreme Court of New Hampshire · 1893
- Colburn v. GrotonSupreme Court of New Hampshire · 1889
- Hall v. BrownSupreme Court of New Hampshire · 1877
- Parkinson v. Nashua & Lowell R. R.Supreme Court of New Hampshire · 1881
- Rogers v. KenrickSupreme Court of New Hampshire · 1885
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3Cited by5 opinions
- Burnham v. StillingsSupreme Court of New Hampshire · 1911
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- Hatch v. HillsgroveSupreme Court of New Hampshire · 1927