KRAMAS v. BEATTIE

No. 5484.

107 N.H. 321 (1966)

JOSEPH KRAMAS & a. v. JEANNETTE E. BEATTIE d/b/a BEATTIE'S AQUARIUM.

Supreme Court of New Hampshire.

Decided July 15, 1966.


Attorney(s) appearing for the Case

Betley & Betley (Miss Constance J. Betley orally), for the plaintiff.

Wiggin, Nourie, Sundeen, Nassikas & Pingree and Dort S. Bigg (Mr. Bigg orally), for the defendant.


KENISON, C. J.

A half century ago New Hampshire by judicial decision, quietly and unheralded, modernized a portion of the law of consideration by lopping off one of the historical errors of the common law. It repudiated Pinnel's Case, 5 Coke 117a (1602) and Foakes v. Beer, 9 App. Cas. 605 (1884) as being neither logical nor just. See, Ferson, The Rule in Foakes v. Beer, 31 Yale L. J. 15 (1921); Havighurst, Consideration, Ethics and Administration...

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