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Bielagus Martina v. Devine

Supreme Court of New Hampshire Milford District Court
Apr 2, 1982
444 A.2d 540 (N.H. 1982)

Opinion

No. 81-374

Decided April 2, 1982

Appeal and Error — Record — Adequacy Where there was an issue as to whether an accord and satisfaction in the amount of $1,000 was reached as a final disposition of a dispute between a law firm and its client concerning the reasonableness of the firm's fees for services rendered, the sum of $1,000 tendered by the client after a conversation with one of the firm's partners was neither capricious nor patently unreasonable and arbitrary, and because no meaningful review of the court's findings could be had without a transcript of the testimony, the order of the court below giving the law firm judgment for $1,000 was summarily affirmed.

Bielagus Martina, of Amherst (Richard H. Hubbard on the brief and orally), for the plaintiff.

Nix and Wendell, of Manchester (Grenville Clark, III, on the brief and orally), for the defendant.


MEMORANDUM OPINION

The only issue presented on this appeal is whether, as found by the trial court, an accord and satisfaction in the amount of $1,000 was reached as final disposition of a dispute between a law firm and its client concerning the reasonableness of the firm's fees for services rendered. The sum of $1,000 tendered by the defendant after a conversation with one of the partners was neither capricious nor patently unreasonable and arbitrary. Because no meaningful review of the Court's (Lynch, A.J.) findings may be had without a transcript of the testimony, the order of the court below giving the plaintiff judgment for $1,000 is summarily affirmed. See Sup. Ct. Rs. 13(3), 15(3). The award of interest and costs to the plaintiff is vacated.

Affirmed, except as to interest and costs.


Summaries of

Bielagus Martina v. Devine

Supreme Court of New Hampshire Milford District Court
Apr 2, 1982
444 A.2d 540 (N.H. 1982)
Case details for

Bielagus Martina v. Devine

Case Details

Full title:BIELAGUS MARTINA v. JOSEPH C. DEVINE

Court:Supreme Court of New Hampshire Milford District Court

Date published: Apr 2, 1982

Citations

444 A.2d 540 (N.H. 1982)
444 A.2d 540

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