FITZGERALD v. LAWSON

No. 3994.

96 N.H. 447 (1951)

HENRY M. FITZGERALD v. ALBERT P. LAWSON & a.

Supreme Court of New Hampshire.

February 6, 1951.


Attorney(s) appearing for the Case

Grinnell & Grinnell (Mr. George H. Grinnell orally), for the plaintiff.

Waldron, Boynton & Waldron (Mr. Boynton orally), for the defendants.


JOHNSTON, C. J.

The finding of the Referee was that the written agreement upon which the action is based was altered and that the alteration was a material one. Since no record of the testimony was preserved, any claim that the plaintiff's evidence was conclusive cannot be raised. Therefore, the sole issue is whether any error of law appears. Towne v. Davis, 66 N.H. 396, 399.

The contract purports to be dated July 25, 1949, although the insertion...

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