Cited by
Opinions in New Hampshire that cite Griswold v. Heat Corporation, 229 A.2d 183.
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Robbins v. Salem Radiology
764 A.2d 885
N.H. 2000
Such an interpretation yields an inequitable result, and could not reasonably be found to have been within the intention of the parties.
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MacFarlane v. Rich
567 A.2d 585
N.H. 1989
In this State, antenuptial agreements are governed by the same rules of construction as apply to other contracts, and accordingly, the proper interpretation of an antenuptial agreement is one that speaks to the intention of the parties at the time they enter the contract.
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Centronics Corp. v. Genicom Corp.
562 A.2d 187
N.H. 1989
Since the time of our first contract decision couched in terms of good faith, Griswold v. Heat Corporation, 108 N.H. 119, 229 A.2d 183 (1967), we have relied on such an implied duty in three distinct categories of contract cases: those dealing with standards of conduct in contract formation, with termination of at-will employment contracts, and with limits on discretion in contractual performance, which is at issue in the instant case.
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Montrone v. Maxfield
449 A.2d 1216
N.H. 1982
Griswold v. Heat Corporation, 108 N.H. 119, 125, 229 A.2d 183, 187-88 (1967); 3 J. Dooley, Modern Tort Law § 44.09, at 219 (1977).
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Hangar One, Inc. v. Davis Associates, Inc.
431 A.2d 792
N.H. 1981
between another and a third person by inducing or otherwise causing the third person not to perform the contract, is subject to liability to the other for the pecuniary loss resulting to the other from the failure of the third person to perform the contract.” Restatement (Second) of Torts § 766 (1979); see Griswold v. Heat Corporation, 108 N.H. 119, 124, 229 A.2d 183, 187 (1967).
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Belrose v. Baker
426 A.2d 454
N.H. 1981
In our search for the interpretation that will best reflect the parties’ intention, the court considers ‘the written agreement of [the] parties, all of its provisions, its subject matter, the situation of the parties at the time, and the object intended.’ ” Thiem v. Thomas, 119 N.H. 598, 602, 406 A.2d 115, 117-18 (1979), quoting Griswold v. Heat, Inc., 108 N.H. 119, 123, 229 A.2d 183, 186 (1967).
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93 Clearing House, Inc. v. Khoury
415 A.2d 671
N.H. 1980
Testimony of Campton’s conduct in paying certain of 93’s creditors was admissible to indicate Campton’s understanding of the agreement and its intention to be bound by its terms.
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Karol v. New Hampshire Insurance
414 A.2d 939
N.H. 1980
Moreover, the parties’ prior course of dealings would lead an insured to expect that he had coverage for such damage.
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Tamposi Associates, Inc. v. Star Market Co.
406 A.2d 132
N.H. 1979
*634 Restatement (Second) of Torts § 766, comment i (1979); Griswold v. Heat Inc., 108 N.H. 119, 125, 229 A.2d 183, 187 (1967).
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Thiem v. Thomas
406 A.2d 115
N.H. 1979
In our search for the interpretation that will best reflect the parties’ intention, the court considers “the written agreement of these parties, all of its provisions, its subject matter, the situation of the parties at the time, and the object intended.” Griswold v. Heat Inc., 108 N.H. 119, 123, 229 A.2d 183, 186 (1967).
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MacLeod v. Chalet Susse International, Inc.
401 A.2d 205
N.H. 1979
The question here, therefore, is a narrow one: what did the parties intend by use of the words “[plaintiff] agrees to perform such duties in the general area of consultation in matters relating to the management of motel enterprises at such times as shall be mutually agreed between the parties during the term of this agreement”?
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Commercial Union Assurance Companies v. Town of Derry
387 A.2d 1171
N.H. 1978
Kilroe v. Troast, 117 N.H. 598, 601, 376 A.2d 131, 133 (1977); Griswold v. Heat Corp., 108 N.H. 119, 123, 229 A.2d 183, 186 (1967).
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Bursey v. Clement
387 A.2d 346
N.H. 1978
Co. v. City of Rochester, 118 N.H. 129, 130, 383 A.2d 707, 708 (1978), citing Griswold v. Heat Inc., 108 N.H. 119, 124, 229A.2d 183, 187(1967).
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Bellak v. Franconia College
386 A.2d 1266
N.H. 1978
The fundamental rule of interpretation of a contract is that the contract should receive that interpretation which will best effectuate the intention of the parties when it was made, Griswold v. Heat Corp., 108 N.H. 119, 123, 229 A.2d 183, 186 (1967); L. Simpson, Contracts § 102, at 210 (1965).
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Babcock v. Sol Corp. of Maine
386 A.2d 1259
N.H. 1978
The court’s inquiry should focus on the intent of the parties in agreeing to the arbitration clause.
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Bricker v. Crane
387 A.2d 321
N.H. 1978
enter into or continue a business relation with another is liable to the other for the harm caused thereby.” Restatement of Torts § 766; Griswold v. Heat Corp., 108 N.H. 119, 124, 229 A.2d 183, 187 (1967); Russell v. Croteau, 98 N.H. 68, 69, 94 A.2d 376, 377 (1953).
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Seaward Construction Co. v. City of Rochester
383 A.2d 707
N.H. 1978
In every agreement there exists an implied covenant that each of the parties will act in good faith and deal fairly with the other.
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Gintzler v. Melnick
364 A.2d 637
N.H. 1976
191, 188 S.E.2d 342 (1972); see Griswold v. Heat Incorporated, 108 N.H. 119, 122, 229 A.2d 183, 186 (1967).
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City of Dover v. International Ass'n of Firefighters, Local 1312
322 A.2d 918
N.H. 1974
AFL-CIO v. Dover, 109 N.H. 299, 301, 249 A.2d 681, 683 (1969); Griswold v. Heat Corporation, 108 N.H. 119, 123, 229 A.2d 183, 187 (1967); Bogosian v. Fine, 99 N.H. 340, 342, 111 A.2d 190, 192 (1955).
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Ass'n of Portsmouth Teachers v. Portsmouth School District
312 A.2d 573
N.H. 1973
The interpretation urged by the board would place the teachers at the mercy of the board and “should, if at all possible, be avoided.” Griswold v. Heat Corporation, 108 N.H. 119, 124, 229 A.2d 183, 187 (1967).
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J & W INDUSTRIES, INC. v. Frank Enterprises, Inc.
284 A.2d 907
N.H. 1971
In determining what are the “outstanding obligations” of Motors, the intention of the parties is necessarily controlling, even though the contrary positions of the parties and the conflicting evidence makes the task of ascertaining that intent more difficult.
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Peter Salvucci & Sons, Inc. v. State
268 A.2d 899
N.H. 1970
The law is well established “that the proper interpretation of a contract is that which will make it speak the intention of the parties atthe time it was made”.