Sylvester v. Newhall

1 Citing case

  1. Rivier College v. St. Paul Fire Ins. Co.

    187 A.2d 799 (N.H. 1963)   Cited 19 times

    The existence of this fact, explaining why the plaintiff's attorney requested the addendum, is supported by the record and is binding upon us. Pettee v. Chapter, 86 N.H. 419, 423. The Trial Court also found it was the intention of the parties that a performance bond be furnished and construed the obligation of the defendant to be such. It is true that the question of intention is ultimately for this court, although in a true sense it is a question of fact. Sylvester v. Newhall, 97 N.H. 267, 272. Nevertheless, the determination of this fact is initially for the Trial Court (NewComb v. Ray, 99 N.H. 463, 465), and such is entitled to weight. In reaching its conclusion, it was the duty of that Court to consider, among other circumstances, the familiar principle that all parts of an agreement are to be given a meaning whenever reasonably possible.