See Jay Edwards, Inc. v. Baker, 130 N.H. 41, 47, 534 A.2d 706, 709 (1987) (stating elements of conspiracy to commit fraud);Univ. Sys. of N.H. v. U.S. Gypsum Co., 756 F. Supp. 640, 651 (D.N.H. 1991) (requiring disclosure of facts peculiarly within defendants' control); Gilman v. Berry, 59 N.H. 62, 64, 1879 WL 4142 (1879). Plaintiff also asserts that delivery of the actual skidder sent breached the contract, the express warranty of being "woods ready," and the implied warranty of merchantability.

sides, the promises are dependent, and one of them is a condition precedent to the other; but if the agreements refer to a part only of the consideration on both sides, and a breach may be paid for in damages, the promises may be regarded as independent. Gilman v. Berry, 59 N.H. 62, 64 (1879) ; see Robinson v. Crowninshield, 1 N.H. 76, 79–80 (1817) ("[W]here mutual contracts go only to a part of the consideration, and a breach of that part may be paid for in damages, the defendant shall not set it up as a condition precedent, and the covenants in such case are ... independent." (citation omitted)).