Legal Opinion

McLane v. C. H. Robinson Co.

Supreme Court of New Hampshire

Decided May 3, 1949No. 3813Published

1Opinion of the CourtKenison, J.

The issue in this case is whether there is evidence to support the conclusion of the Trial Court that there was no material mutual mistake as to the width of the passageway conveyed. There is no claim nor evidence to support any claim of fraud and misrepresentation (Mo rgan v. Morgan, 94 N. H. 116) or duress and undue influence (Webber v. Phipps, ante, 1) or even a mistake by the plaintiffs innocently induced by the defendant (Rickie v. Mills, 93 N. H. 191). It is therefore unnecessary to consider the conditions under which equity will grant relief for an unilateral mistake. Carignan v.…

2Cases cited4 opinions

  1. Hould v. Maryland Casualty Co.Supreme Court of New Hampshire · 1929
  2. Morgan v. MorganSupreme Court of New Hampshire · 1946
  3. Rickle v. Wyoming Valley Paper MillsSupreme Court of New Hampshire · 1944
  4. Farmington Library Association v. TraftonSupreme Court of New Hampshire · 1929

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