New England Box Co. v. Flint
Supreme Court of New Hampshire
Assumpsit, with a count for covenant broken. The action was brought to recover overpayments made upon a contract under seal for cutting, sawing, and sticking lumber upon a lot in Westmoreland, and was tried before a referee, who made a general finding for the defendant and reported the facts. At the May term, 1913, of the superior court, judgment was ordered for the defendant upon the report by Kivel, J., and the plaintiffs excepted.
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Assumpsit, with a count for covenant broken. The action was brought to recover overpayments made upon a contract under seal for cutting, sawing, and sticking lumber upon a lot in Westmoreland, and was tried before a referee, who made a general finding for the defendant and reported the facts. At the May term, 1913, of the superior court, judgment was ordered for the defendant upon the report by Kivel, J., and the plaintiffs excepted. Under the contract between the parties, Flint agreed to guarantee the amount of lumber he received pay for, and was to be paid for each lot of 100,000 feet as…
1Opinion of the CourtParsons, C. J.
The rule “which forbids the admission of parol evidence to contradict or vary a written contract is not infringed by any evidence of known and established usage respecting the subject to which the contract relates. To such usage, as well as to the lex fori, the parties may be supposed to refer, just as they are presumed to employ words in their usual and ordinary signification. . . . Proof of usage is admitted, either to interpret the mean ing of the language of the contract, or to ascertain the nature and extent of the contract, in the absence of express stipulations.” 1 Gr. Ev., s. 292; 4…
2Cases cited1 opinion
- Glover v. BakerSupreme Court of New Hampshire · 1912
3Cited by1 opinion
- Cordopatis v. BakalopoulosSupreme Court of New Hampshire · 1918