Low v. Independent Christian Society
Supreme Court of New Hampshire
Assumpsit, on a contract for the building of a church. The plaintiffs’ specification contained seven items, of which one was fpr a balance of $1,761.15 due on the contract. The plea was the general issue, with a brief statement alleging part payment, and specifying twenty-five items of recoupment, amounting to $1,174. The court referred the action, and the plaintiffs excepted.
1Opinion of the CourtChase, J.
The specifications show that several matters of account are included in the action. If they are so numerous and complicated that they cannot be intelligently investigated and adjusted in a jury trial, the parties are not entitled to such a trial, and the case may be referred without their consent. Sargent v. Putnam, 58 N. H. 182; Davis v. Dyer, 62 N. H. 231. Whether they are so is a question of fact that was decided in the affirmative at the trial term. The order of reference necessarily involved a decision of this question. It is not subject to review here. Dole v. Pike, 64 N. H. 22.
Case…
2Cases cited3 opinions
- Davis v. DyerSupreme Court of New Hampshire · 1882
- Dole v. PikeSupreme Court of New Hampshire · 1885
- Sargent v. PutnamSupreme Court of New Hampshire · 1877