MONADNOCK SCHOOL DISTRICT v. FITZWILLIAM

No. 5261.

105 N.H. 487 (1964)

MONADNOCK REGIONAL SCHOOL DISTRICT v. FITZWILLIAM & a.

Supreme Court of New Hampshire.

Decided August 7, 1964.


Attorney(s) appearing for the Case

Homer S. Bradley and Homer S. Bradley, Jr. for the Monadnock Regional School District, furnished no brief.

Bell, Bell & Shortlidge (Messrs. Ernest L. Bell III and Raphael J. Shortlidge orally), for the town of Fitzwilliam.

Goodnow, Arwe & Ayer (Mr. John R. Goodnow orally), for the towns of Gilsum, Surry and Swanzey.

McLane, Carleton, Graf, Greene & Brown and John A. Graf (Mr. John A. Graf orally), for the town of Troy.

Cristiano & Kromphold and Lewis A. McMahon (Mr. McMahon orally), for the towns of Richmond and Roxbury.

Gardner C. Turner for the town of Sullivan.


LAMPRON, J.

Because of their interrelation we will consider together the first two transferred questions which read as follows:

"1. Is the doctrine of estoppel available in this action to Fitzwilliam, Troy, Richmond and Roxbury?

"2. If the answer to question 1 is `yes,' may the Court find estoppel if it finds the facts in accordance with the requests for findings of fact?"

Estoppel, whether called equitable estoppel or estoppel in pais,...

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