[DOWNLOAD] "William P. Dufton v. Mechanicks National" by Supreme Court of New Hampshire * eBook PDF Kindle ePub Free

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Title: William P. Dufton v. Mechanicks National
Author : Supreme Court of New Hampshire
Release Date : January 07, 1948
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 61 KB

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The granting of the motion for a nonsuit concerning the count in assumpsit was error. There was evidence from which the jury could find that the plaintiff's version of the telephone conversation on August 21 was correct. If Mr. Dalton, at the request of the plaintiff, did agree to have extended the insurance for the remaining term of the loan, it would follow as a matter of law under the circumstances that the plaintiff impliedly agreed to pay a reasonable charge for the service. Restatement, Contracts, s. 5 comment a, Illustration 1; Blanchette v. Sargent, 87 N.H. 15, 16; Elliot Hospital v. Turcotte, 79 N.H. 110, 111; Page v. Snell , 59 N.H. 531. The relations between the parties were those of business. Such an implied promise would be valuable consideration for Mr. Dalton's alleged agreement. Ela v. French, 11 N.H. 356. There was no evidence from which it could be found that the plaintiff could reasonably have expected a favor. ""The rule that damages for breach of contract are the consequences of the breach which are in fact or should be contemplated by the parties when the contract is entered into (Davis v. Company, 77 N.H. 403, 404 ) is applicable."" Busick v. Corporation, 91 N.H. 257, 259. See also, Johnson v. Waisman Bros., 93 N.H. 133, 135. The defendant argues that Mr. Dalton was without authority to bind the bank by such an agreement as that alleged. It was undisputed that he had authority to arrange for insurance in connection with loans. The loan of the plaintiff was still outstanding in the amount of $65.29. The fact that Mr. Dalton was not required to have insurance if the loan was less than $130 does not mean that he was not permitted to if he thought best.