Cited by

Opinions in New Hampshire that cite Baker v. McCarthy, 443 A.2d 138.

20 citing documents.

  • LEBARON v. Wight 938 A.2d 891 N.H. 2007
    Right of First Refusal “[T]he proper interpretation of a contract, such as a deed, is a question of law for this court.” Baker v. McCarthy, 122 N.H. 171, 174-75 (1982); see Petition of Rattee, 145 N.H. 341, 345 (2000).
  • Motion Motors, Inc. v. Berwick 846 A.2d 1156 N.H. 2004
    The proper interpretation of a contract, such as a deed, is a question of law for this court.
  • Schaefer v. Eastman Community Ass'n 836 A.2d 752 N.H. 2003
    This is a question of law that we review de novo.
  • Holl v. Claremont Associates 729 A.2d 419 N.H. 1999
    The proper interpretation of this agreement, like other contracts, is a question of law for this court.
  • Red Hill Outing Club v. Hammond 722 A.2d 501 N.H. 1998
    The construction of deeds is an issue of law for this court.
  • Kalled v. Albee 712 A.2d 616 N.H. 1998
    The ultimate interpretation of a contract rests with this court as a matter of law, see Baker v. McCarthy, 122 N.H. 171, 174-75, 443 A.2d 138, 140 (1982).
  • Galloway v. Chicago-Soft, Ltd. 713 A.2d 982 N.H. 1998
    Baker v. McCarthy, 122 N.H. 171, 175, 443 A.2d 138, 140 (1982); cf. Keshishian v. CMC Radiologists, 142 N.H. 168, 177, 698 A.2d 1228, 1234 (1997).
  • Roberts v. General Motors Corp. 643 A.2d 956 N.H. 1994
    See, e.g., Smith v. Wedgewood Builders Corp., 134 N.H. 125, 131, 590 A.2d 186, 189 (1991); Baker v. McCarthy, 122 N.H. 171, 176-77, 443 A.2d 138, 141-42 (1982).
  • North Bay Council, Inc. v. Bruckner 563 A.2d 428 N.H. 1989
    The first step in thus establishing breach of duty, to demonstrate the significance of Cole’s restriction, presented a matter to be resolved by the court, under the rule that interpretation of the terms of a deed is an issue of law.
  • Appeal of Board of Trustees of the University System 531 A.2d 315 N.H. 1987
    Thus, the college requests this court to address, as the final interpreter of contracts, the arbitrators’ finding that the college could only reverse a unanimous recommendation of the FEAC “on extremely compelling evidence that either was not available to or considered by the F.E.A.C.” Because the interpretation of a contract is a question of law for this court, Baker v. McCarthy, 122 N.H. 171, 174-75, 443 A.2d 138, 140 (1982), we will address this issue and apply the common meanings to the word
  • Appeal of Concerned Corporators of the Portsmouth Savings Bank 525 A.2d 671 N.H. 1987
    The interpretation of a contract is a matter of law for this court to decide.
  • Restaurant Operators, Inc. v. Jenney 519 A.2d 256 N.H. 1986
    We have held that we will construe a lease as a contract, Turcotte v. Griffin, 120 N.H. 292, 294, 415 A.2d 668, 669 (1980), and that the meaning of a contract is ultimately a matter of law for this court to decide, Baker v. McCarthy, 122 N.H. 171, 174-75, 443 A.2d 138, 140 (1982).
  • Goodwin Railroad v. State 517 A.2d 823 N.H. 1986
    We note at the outset that, as a general rule, the proper interpretation of a contract is ultimately a question of law for this court, and we will determine the meaning of the contract based on the meaning that would be attached to it by reasonable persons.
  • Mast Road Grain & Building Materials Co. v. Ray Piet, Inc. 489 A.2d 143 N.H. 1985
    “The construction of a written contract is a question of law for this court....” Logic Assoc’s, Inc. v. Time Share Corp., 124 N.H. *197 565, 571, 474 A.2d 1006, 1010 (1984); Baker v. McCarthy, 122 N.H. 171, 174-75, 443 A.2d 138, 140 (1982).
  • Cole v. Combined Insurance Co. of America 480 A.2d 178 N.H. 1984
    When contracting parties have not otherwise defined a term, common usage controls.
  • R. Zoppo Co. v. City of Dover 475 A.2d 12 N.H. 1984
    The final interpretation of a contract is ultimately a question of law for this court.
  • Logic Associates, Inc. v. Time Share Corp. 474 A.2d 1006 N.H. 1984
    The construction of a written contract is a question of law for this court except when the meaning of the language depends upon disputed extrinsic evidence.
  • MacKinnon v. Hanover Insurance 471 A.2d 1166 N.H. 1984
    The meaning of the language is plain, and the common meaning of the language governs.
  • White v. Ford 471 A.2d 1176 N.H. 1984
    Baker v. McCarthy, 122 N.H. 171, 175, 443 A.2d 138, 140 (1982); Austin v. Ellis, 119 N.H. 741, 742, 408 A.2d 784, 784 (1979).
  • Peabody v. Wentzell 462 A.2d 105 N.H. 1983
    While the interpretation of a contract is generally a question of law for the court, Baker v. McCarthy; 122 N.H. 171, 174-75, 443 A.2d 138, 140 (1982), when there is a disputed question of fact as to the terms of a contract, it is to be resolved by the trier of fact.