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FRANCOEUR v. STEPHEN

No. 4016.

97 N.H. 80 (1951)

YVETTE FRANCOEUR & a. v. JOSEPH E. STEPHEN JOSEPH E. STEPHEN v. ROBERT FRANCOEUR & a.

Supreme Court of New Hampshire.

June 5, 1951.

Attorney(s) appearing for the Case

Paul E. Nourie (by brief and orally), for Yvette F. Francoeur & a.

Devine & Millimet (Mr. Millimet orally), for Joseph E. Stephen.

BLANDIN, J.

The parties agree the issue before us is one of damages. They also agree that the rule to be applied in determining them is that of Danforth v. Freeman, 69 N.H. 466, which is that the plaintiff, Francoeur, is entitled to recover for the net benefit which she conferred on the defendant, Stephen. This means that from the reasonable cost of an adequate heating plant the defendant may deduct all damages he has suffered as a result of the plaintiff...

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