Supreme Court of New Hampshire
21 A.2d 591 (1941)
Watkins & Son (Watkins) (plaintiff) and Carrig (defendant) executed a written contract in which Watkins agreed to excavate a basement for Carrig. Carrig agreed to a total contract price calculated according to an agreed per unit price for the excavation. Watkins commenced the work and soon encountered solid rock. The written contract provided only that the basement would be excavated and did not account for the removal of rock. However, Watkins requested modification of the contract due to the solid rock and the parties orally agreed that Carrig would pay a substantially higher unit price for the portions of the excavation that required removal of rock. Watkins relied on the oral agreement and proceeded with the excavation, the majority of which required removal of rock at the higher per unit price agreed to in the oral agreement. Watkins brought an action against Carrig to enforce payment according to the terms of the oral agreement rather than the written agreement. Watkins prevailed in the trial court based on a referee’s finding that the oral agreement superseded the written agreement. Carrig appealed.
Rule of Law
Holding and Reasoning (Allen, C.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 200,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.