Webber v. Loranger
Supreme Court of New Hampshire
Assumpsit, for breach of contract to make certain repairs in consideration of the plaintiff’s execution of a lease. Trial by the court, and verdict for the defendant, to which the plaintiff excepted. The parties entered into an agreement by which the plaintiff was to take a lease of the defendant of certain premises at an agreed rental, which included compensation for certain repairs the defendant intended to make.
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Assumpsit, for breach of contract to make certain repairs in consideration of the plaintiff’s execution of a lease. Trial by the court, and verdict for the defendant, to which the plaintiff excepted. The parties entered into an agreement by which the plaintiff was to take a lease of the defendant of certain premises at an agreed rental, which included compensation for certain repairs the defendant intended to make. It appeared that the plaintiff prepared the lease, leaving a blank space for the provision in regard to the repairs, because he did not know just how to put it in. He then took the…
1Opinion of the CourtWalker, J.
The question of law presented by the exception to the verdict is whether there was sufficient evidence to support it, or whether, from the evidentiary facts reported, it conclusively appears that reasonable men trying the fact in issue could not have reached that result. The case is apparently somewhat meager in its statement of the evidence, and its finding of facts, upon which the verdict was based, is not only brief but largely argumentative. But upon the assumption that all the material facts appear bearing on the subject of the defendant's alleged promise to make the repairs contemplated…
2Cases cited1 opinion
- Durkin v. CobleighMassachusetts Supreme Judicial Court · 1892
3Cited by7 opinions
- Roof, Trustee v. JerdSupreme Court of Vermont · 1929
- Lapierre v. CabralSupreme Court of New Hampshire · 1982
- Creek v. Lebo Investment Co.Supreme Court of Colorado · 1929
- Steinfield v. Monadnock MillsSupreme Court of New Hampshire · 1923
- Goglia v. RandSupreme Court of New Hampshire · 1974
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