Fitzgerald v. Lawson

The finding of the Referee was that the written agreement upon which the action is based was altered and that the alteration was a material one. Since no record of the testimony was preserved, any claim that the plaintiff’s evidence was conclusive cannot be raised. Therefore, the sole issue is whether any error of law appears. Towne v. Davis, 66 N. H. 396, 399.

The contract purports to be dated July 25, 1949, although the insertion is in a blank, top portion of the printed sheet, no line being provided for the purpose. It was found that the agreement was executed on or about May 2, 1949. There…