CARR v. MERRIMACK FARMERS EXCHANGE, INC.

No. 4568.

101 N.H. 84 (1957)

DORIS E. CARR v. MERRIMACK FARMERS EXCHANGE, INC.

Supreme Court of New Hampshire.

Decided June 28, 1957.


Attorney(s) appearing for the Case

Bernard I. Snierson and John P. Chandler (Mr. Chandler orally), for the plaintiff.

Wiggin, Nourie, Sundeen, Nassikas & Pingree and Peter J. Bourque (Mr. Bourque orally), for the defendant.


WHEELER, J.

"When a motion for a nonsuit is made upon an opening statement which sets forth all the material facts of which evidence is to be presented, the statement is to be treated as though the evidence had been introduced. The inquiry then is whether upon that evidence there is a case for submission." Charpentier v. Company, 91 N.H. 38, 40; Taylor v. Jewell, 98 N.H. 331, 332. In passing upon defendant...

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