COREY STEEPLEJACKS INC. v. CRAY

No. 5267.

106 N.H. 126 (1965)

COREY STEEPLEJACKS, INC. v. GENE P. CRAY d/b/a CRAY OIL COMPANY.

Supreme Court of New Hampshire.

Decided February 1, 1965.


Attorney(s) appearing for the Case

Francis P. Edes (by brief and orally), for the plaintiff.

Bell, Bell & Shortlidge (Mr. Ernest L. Bell III orally), for the defendant.


BLANDIN, J.

The basic issue here is whether the Court erred in not directing a defendant's verdict as a matter of law, on the ground that the plaintiff's acceptance of the defendant's check for $3,000 was in full settlement of the disputed claim. Before reaching this underlying problem it may be well to dispose of certain preliminary questions.

In his opening statement to the jury, the plaintiff claimed that the lumber sold was at seven cents a "running board...

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