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WALKER v. HAYES

No. 4448.

100 N.H. 90 (1956)

BURTON WALKER v. AGNES T. HAYES.

Supreme Court of New Hampshire.

Decided February 7, 1956.

Attorney(s) appearing for the Case

Burns, Calderwood & Bryant and Robert E. Hinchey (Mr. Hinchey orally), for the plaintiff.

McLane, Carleton, Graf, Greene & Brown and Robert A. Raulerson (Mr. Raulerson orally), for the defendant.

BLANDIN, J.

This is an alternative contract (Barker v. Jones, 8 N.H. 413; Restatement, Contracts, ss. 325c, 344 illustrations 1, 2), wherein the defendant has the option to satisfy her obligation by either cash or stock. Under this contract the plaintiff had no right to demand performance of a particular alternative. Restatement, Contracts, s. 325, comment e. As a result his damages are measured by "the alternative that will...

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