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Watkins & Son v. Carrig

Law Dictionary

Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
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Contracts Keyed to Farnsworth

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Bloomberg Law

Citation. 91 N.H. 459, 21 A.2d 591, 1941 N.H. 55, 138 A.L.R. 131

Brief Fact Summary. Plaintiff Watkins & Son agreed to excavate a cellar for Defendant Carrig, but Plaintiff encountered solid rock shortly after the work began. The parties then orally agreed that Plaintiff would remove the rock for a stipulated price.

Synopsis of Rule of Law. A contract changed to meet changes in circumstances and conditions is valid.

Facts. Plaintiff agreed by written contract to excavate a cellar for Defendant for a stated price. After Plaintiff began the work, solid rock was encountered. At Plaintiff’s insistence, the parties met and orally agreed that Plaintiff would remove the rock at a stipulated price. A referee determined that this oral agreement superseded the written contract.

Issue. Was the original written contract superseded by the subsequent oral agreement?

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