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69 N.H. 491

45 A 400

Willard v. Sullivan

Supreme Court of New Hampshire

Decided December 5, 1898

Supreme Court of New Hampshire · decided 1898-12-05

Willard v. Sullivan. Assumpsit, to recover upon a special promise by the owner to pay the past and future bills of a sub-contractor. Facts found by the court. One Beaudry, the principal contractor, was asked -what the final result of his contract with the owner was,— whether the house cost more or less than the contract price. The plaintiff objected on the ground that it was immaterial.

Relies on Baldwin v. Wentworth · Hersom v. Henderson · Spalding v. Merrimack

Good law ✅— No negative treatment on recordhow we know

Decided 1898-12-05

How this case has been cited

Cited by 10 later decisions — most recently March 1937

6 federal appellate · 4 state decisions

6018981900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Blodgett, C. J.

¶1 How far justice required the inquiries to Beaudry, upon the immaterial point whether the house cost more *492 ■or less than the contract price, should be allowed to go for the purpose of testing his memory, was a question of fact to be determined at the trial (Spalding v. Merrimack, 67 N. H. 382, 383; Baldwin v. Wentworth, 67 N. H. 408, 409); and his statements so made were not open to contradiction upon the other immaterial point as to whether he had been fully paid by the defendant for building the house. Sumner v. Crawford, 45 N. H. 416, 418; Dewey v. Williams, 43 N. H. 384, 386; Hersom v. Henderson, 23 N. H. 498, 506, 507.

¶2 Exceptions overruled.

Peaslee, J., did not sit: the others concurred.
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