Cited by
Opinions in New Hampshire that cite Kilroe v. Troast, 376 A.2d 131.
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New Hampshire Division of Human Services v. Allard
690 A.2d 566
N.H. 1997
This suggests that the stock sale was an integrated part of a much larger transaction.
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Blais v. Remillard
643 A.2d 967
N.H. 1994
A “meeting of the minds” requires that there be manifest agreement; mere mental assent is not sufficient.
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Chadwick v. CSI, Ltd.
629 A.2d 820
N.H. 1993
As noted above, we interpret the terms of a contract by considering the contract as a whole, see Commercial Union Assurance Co., 120 N.H. at 623, 419 A.2d at 1113, and will give its terms their reasonable meaning, see Kilroe v. Troast, 117 N.H. 598, 601, 376 A.2d 131, 133 (1977).
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Gamble v. University System
610 A.2d 357
N.H. 1992
C & M Realty Trust v. Wiedenkeller, 133 N.H. 470, 476, 578 A.2d 354, 357 (1990); see also Kilroe v. Troast, 117 N.H. 598, 601, 376 A.2d 131, 133 (1977) (intentions of parties to contract are determined based on terms of agreement taken as a whole and contract will be given meaning that would be attached to it by a reasonable person); Citizens Nat.
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C & M Realty Trust v. Wiedenkeller
578 A.2d 354
N.H. 1990
The parties’ intent will be determined based on objective standards, rather than on their subjective, unmanifested states of mind.
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Public Service Co. v. Town of Seabrook
580 A.2d 702
N.H. 1990
A stipulated agreement is contractual in nature and therefore is governed by contract rules.
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Seymour v. New Hampshire Savings Bank
561 A.2d 1053
N.H. 1989
If this argument has any plausibility, however, it depends on ignoring the cardinal rule that each contractual instrument is to be read as a whole, Kilroe v. Troast, 117 N.H. 598, 601, 376 A.2d 131, 133 (1977), for when the provisions isolated above are returned to context, any implication of contractual duty disappears.
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Waite ex rel. Bretton Woods Acquisition Co. v. Sylvester
560 A.2d 619
N.H. 1989
App. 509, 510, 271 S.E.2d 647, 648 (1980) (specific provision prevails over broader one); see also Kilroe v. Troast, 117 N.H. 598, 601, 376 A.2d 131, 133-34 (1977) (express grant in agreement supersedes broad ban).
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Smith v. Liberty Mutual Insurance
536 A.2d 164
N.H. 1987
Co., 122 N.H. 515, 516, 446 A.2d 1172, 1173 (1982); Kilroe v. Troast, 117 N.H. 598, 601, 376 A.2d 131, 133 (1977); see also Smart v. Huckins, 82 N.H. 342, 347, 134 A. 520, 523 (1926) (evidence of subsequent practical construction admissible).
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Riblet Tramway Co. v. Stickney
523 A.2d 107
N.H. 1987
When interpreting contracts, the intent of the parties is determined based upon an objective reading of the agreement as a whole.
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Barnes v. New Hampshire Karting Ass'n
509 A.2d 151
N.H. 1986
In interpreting this contract, we will give language used by the parties its common meaning, Murphy v. Doll-Mar, Inc., 120 N.H. 610, 611-12, 419 A.2d 1106, 1108 (1980), and will give the contract itself the meaning that would be attached to it by a reasonable person.
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Estate of Younge v. Huysmans
506 A.2d 282
N.H. 1985
The intent of the parties is determined by an objective standard, and not by actual mental assent.
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700 Lake Avenue Realty Co. v. Dolleman
433 A.2d 1261
N.H. 1981
We do not consider this argument because it is clearly contradictory to the intention of the stipulation agreed upon by the parties that the passageway vested in the residuary legatees upon the death of the common grantor.
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Murphy v. Doll-Mar, Inc.
419 A.2d 1106
N.H. 1980
In reaching the proper interpretation we require that the words and phrases used by the *612 parties be given their common meaning, McIntire Enterprises, Inc. v. Geiger, 94 N.H. 368, 53 A.2d 328 (1947), and this court will determine the meaning of the contract based upon the meaning that would be attached to it by a reasonable person.
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Tentindo v. Locke Lake Colony Ass'n
419 A.2d 1097
N.H. 1980
The intent of parties in entering an agreement is to be judged by objective or external criteria rather than by unmanifested states of mind of the parties.
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State v. Steeves
406 A.2d 111
N.H. 1979
“A stipulation embraces whatever its terms reasonably imply.” Kilroe v. Troast, 117 N.H. 598, 601, 376 A.2d 131, 133 (1977); Burbank v. Nordahl, 199 Cal.
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Manchester Bank v. Industrial Development Authority
396 A.2d 558
N.H. 1979
The intentions of the parties to a contract are determined from the agreement taken as a whole.
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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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Bellak v. Franconia College
386 A.2d 1266
N.H. 1978
Kilroe v. Troast, 117 N.H. 598, 601, 376 A.2d 131, 133 (1977); Rivier College v. St.