Cited by
Opinions in New Hampshire that cite Thiem v. Thomas, 406 A.2d 115.
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AZNH Revocable Trust & a. v. Spinnaker Cove Yacht Club Association, Inc.
N.H. 2023
We also “must, wherever possible, adopt the interpretation of an ambiguous clause that will be in harmony with the remainder of the document, so that all provisions will have meaning and effect.” Thiem v. Thomas, 119 N.H. 598, 602-03 (1979); see also Sanders v. Insurance Co., 72 N.H. 485, 501 (1904) (concluding, in case involving an insurance policy, that “it appears sufficient to rest the decision upon an interpretation of the contract which gives effect to all its provisions, avoids any confli
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Vi B. McNeill v. Nancy W. Barrett, Trustee of the Nancy W. Barrett Revocable Trust
N.H. 2016
Thiem v. Thomas, 119 N.H. 598, 604 (1979) (declining to construe contract in manner that leads to harsh and unreasonable results or places one party at the mercy of the other).
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South Willow Properties, LLC v. Burlington Coat Factory of New Hampshire, LLC
986 A.2d 506
N.H. 2009
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.” Thiem v. Thomas, 119 N.H. 598, 602 (1979) (citation and quotation omitted).
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Catholic Medical Center v. Executive Risk Indemnity, Inc.
867 A.2d 453
N.H. 2005
They contend that “ftjhis court will, where possible, avoid construing a contract in a manner that leads to harsh and unreasonable results or places one party at the mercy of the other.” Thiem v. Thomas, 119 N.H. 598, 604 (1979).
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International Surplus Lines Insurance v. Manufacturers & Merchants Mutual Insurance
661 A.2d 1192
N.H. 1995
The defendants argue first that exclusion (i) is overly broad and harsh, leaving the policyholder at the mercy of the insurer.
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Merrimack School District v. National School Bus Service, Inc.
661 A.2d 1197
N.H. 1995
Therefore, we will independently “interpret the contract, using facts found by the trial court.” Thiem v. Thomas, 119 N.H. 598, 602, 406 A.2d 115, 117 (1979).
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Holden Engineering & Surveying, Inc. v. Pembroke Road Realty Trust
628 A.2d 260
N.H. 1993
“This court will, where possible, avoid construing a contract in a manner that leads to harsh and unreasonable results or places one party at the mercy of the other.” Thiem v. Thomas, 119 N.H. 598, 604, 406 A.2d 115, 119 (1979).
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Gamble v. University System
610 A.2d 357
N.H. 1992
“This court will, where possible, avoid construing the contract in a manner that leads to harsh and unreasonable results or places one party at the mercy of the other.” Thiem v. Thomas, 119 *15 N.H. 598, 604, 406 A.2d 115, 119 (1979).
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Lowell v. U.S. Savings Bank of America
572 A.2d 184
N.H. 1990
parties to a contract freely and openly entered into are bound by its terms, Mills v. Nashua Federal Savings and Loan, 121 N.H. 722, 726, 433 A.2d 1312, 1315 (1981), and a court cannot rewrite the contract unless the instrument fails to express the parties’ intentions when they entered into the agreement, see Gosselin v. Archibald, 121 N.H. 1016, 1020, 437 A.2d 302, 306 (1981); Thiem v. Thomas, 119 N.H. 598, 603, 406 A.2d 115, 118 (1979).
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MacFarlane v. Rich
567 A.2d 585
N.H. 1989
Thus, where an agreement is ambiguous, and susceptible to different interpretations, a court may search for the interpretation which best reflects the parties’ intention.
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Heaton v. Boulders Properties, Inc.
566 A.2d 1127
N.H. 1989
Thiem v. Thomas, 119 N.H. 598, 603, 406 A.2d 115, 118 (1979) (citing Spear v. Penna, 92 N.H. 190, 27 A.2d 92 (1942)); see also Centronics Data, 129 N.H. at 696, 531 A.2d at 350 (quoting R. Zoppo Co. v. City of Dover, 124 N.H. 666, 671, 475 A.2d 12, 15 (1984)); Gosselin v. Archibald, 121 N.H. 1016, 1020, 437 A.2d 302, 306 (1981); Summit Electr
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Centronics Data Computer Corp. v. Salzman
531 A.2d 348
N.H. 1987
The general rule applied to non-insurance contracts is that “no presumptions are to be indulged in either for or against a party who draws an agreement.” Thiem v. Thomas, 119 N.H. 598, 602, 406 A.2d 115, 118 (1979) (quoting Aldrich v. Beauregard & Sons, 105 N.H. 330, 336, 200 A.2d 14, 18 (1964)).
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Appeal of Concerned Corporators of the Portsmouth Savings Bank
525 A.2d 671
N.H. 1987
It is axiomatic that we give a contract the meaning intended by the parties when they wrote it.
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ELCA of New Hampshire, Inc. v. McIntyre
523 A.2d 90
N.H. 1987
We assume “that the words used [in the lease] were used advisedly and for the purpose of conveying some meaning.” Thiem v. Thomas, 119 N.H. 598, 603, 406 A.2d 115, 118 (1979).
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Restaurant Operators, Inc. v. Jenney
519 A.2d 256
N.H. 1986
In reviewing a contract we will give its language the interpretation that best reflects the parties’ intentions.
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R. Zoppo Co. v. City of Dover
475 A.2d 12
N.H. 1984
The language of a written contract will be given the interpretation that best reflects the parties’ intentions.
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Gosselin v. Archibald
437 A.2d 302
N.H. 1981
Erin Food Servs., Inc. v. 688 Props., 119 N.H. 232, 235, 401 A.2d 201, 203 (1979); Thiem v. Thomas, 119 N.H. 598, 603, 406 A.2d 115, 118 (1979).
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Mills v. Nashua Federal Savings & Loan Ass'n
433 A.2d 1312
N.H. 1981
We have consistently held that “[i]t is this court’s task to interpret the contract, using facts found by the trial court.” Thiem v. Thomas, 119 N.H. 598, 602, 406 A.2d 115, 117 (1979).
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Summit Electric, Inc. v. Pepin Bros. Construction, Inc.
427 A.2d 505
N.H. 1981
A court must consider not only the written instrument but also the situation of the parties.
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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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Belknap Textiles, Inc. v. Belknap Industries, Inc.
424 A.2d 1141
N.H. 1981
This case, however, involves a factual dispute as to the terms of the contract, which is properly resolved by the finder of fact, rather than a question of interpretation of terms not in dispute, which would be a question for this court.
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Commercial Union Assurance Co. v. Brown Co.
419 A.2d 1111
N.H. 1980
In interpreting a contract the court is to consider the written agreement, all its provisions, its subject matter, the situation of the parties at the time it was entered into and the object intended.
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Murphy v. Doll-Mar, Inc.
419 A.2d 1106
N.H. 1980
Thiem v. Thomas, 119 N.H. 598, 602, 406 A.2d 115, 118 (1979); Aldrich v. Charles Beauregard & Sons, 105 N.H. 330, 336, 200 A.2d 14, 18 (1964).
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Hanslin v. Keith
415 A.2d 329
N.H. 1980
Thiem v. Thomas, 119 N.H. 598, 602, 406 A.2d 115, 117 (1979); Murray v. Peabody, 106 N.H. 319, 324, 211 A.2d 855, 859 (1965).
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Turcotte v. Griffin
415 A.2d 668
N.H. 1980
Robinson v. Weitz, 171 Conn. 545, 551, 370 A.2d 1066, 1069 (1976); see Thiem v. Thomas, 119 N.H. 598, 602, 406 A.2d 115, 117 (1979).