Dean v. Wilder

18 A. 87, 65 N.H. 90

Opinion

Carpenter, J.

Whether the plaintiff assented to the defendants’ rule, and whether the rule entered into and formed a part of the contract between the parties, are questions of fact. Bradley v. Salmon Falls Mfg. Co., 30 N. H. 487; Preston v. American Linen Co., 119 Mass. 400. The plaintiff’s assent to the rule can not be found as a conclusion of law upon the reported facts, however strong as matter of evidence they may seem to be. State v. Hodge, 50 N. H. 510, 526; Bickford v. Dane, 58 N. H. 185; Bank v. Getchell, 59 N. H. 281, 285, 286.

Judgment for the plaintiff.

Smith, J., did not sit: the others concurred.