Willard v. Sullivan

45 A. 400, 69 N.H. 491

Opinion

Blodgett, C. J.

How far justice required the inquiries to Beaudry, upon the immaterial point whether the house cost more ■or less than the contract price, should be allowed to go for the purpose of testing his memory, was a question of fact to be determined at the trial (Spalding v. Merrimack, 67 N. H. 382, 383; Baldwin v. Wentworth, 67 N. H. 408, 409); and his statements so made were not open to contradiction upon the other immaterial point as to whether he had been fully paid by the defendant for building the house. Sumner v. Crawford, 45 N. H. 416, 418; Dewey v. Williams, 43 N. H. 384, 386; Hersom v. Henderson, 23 N. H. 498, 506, 507.

Exceptions overruled.

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