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Berke Moore Co. v. Phoenix Bridge Co.

New Hampshire Supreme Court
98 A.2d 150 (1953)


Facts

The Phoenix Bridge Company (Phoenix Bridge) (defendant), a general contractor, contracted with New Hampshire to build a bridge. Phoenix Bridge was to receive payment for approximately 3,933 square yards of concrete surface included in the bridge deck. Phoenix Bridge thereafter entered a subcontract with Berke Moore Co. (Berke Moore) (plaintiff), under which Berke Moore was to perform concrete work for the bridge deck. Berke Moore was to be paid per square yard of concrete. Berke Moore was aware at the time it entered the subcontract that the general contract estimated 3,933 square yards for the project. Berke Moore performed the work and sought payment for the total square yards of concrete it placed on the deck, which amounted to 8,100 square yards. Phoenix Bridge took the position that Berke Moore was only entitled to payment for the square yards of concrete included in the upper surface area of the deck, which amounted to 4,184 square yards. The trial court found that, at the time the subcontract was entered, Phoenix Bridge and Berke Moore believed that Berke Moore would only be paid for concrete placed in the upper surface of the deck.

Rule of Law

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Issue

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Holding and Reasoning (Duncan, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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