Cavanaugh & McCaffrey, Inc. v. Barnard

Assuming that the court impliedly found that the plaintiff’s direction to ship the lumber and submit to it (the plaintiff) the full, account, coupled with the subsequent examination of the account, and the statement: “We will try and get together and settle up,” constituted an attempt to compromise rather than an admission of liability (Masterson v. Railway, ante, 190, 193), it is difficult to understand how that finding could fairly be made without the detailed testimony of the parties. And according to the record no oral testimony whatever was admitted.

In Bartlett v. Hoyt, 33 N. H. 151, it…