Dufton v. Mechanicks National Bank

The granting of the motion for a nonsuit concerning the count in assumpsit was error. There was evidence from which the jury could find that the plaintiff’s version of the telephone conversation on August 21 was correct. If Mr. Dalton, at the request of the plaintiff, did agree to have extended the insurance for the remaining term of the loan, it would follow as a matter of law under the circumstances that the plaintiff impliedly agreed to pay a reasonable charge for the service. Restatement, Contracts, s. 5, comment a, Illustration 1; Blanchette v. Sargent, 87 N. H. 15, 16; Elliot Hospital…