81-407 Precedential Affirmed Processed

L & R Rentals v. Judge

Supreme Court of New Hampshire · Filed April 2, 1982 · 444 A.2d 542

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Opinion text

Memorandum Opinion The plaintiff, L & R Rentals, sued the defendant, Matthew Judge, for money due on a contract to rent a motor vehicle. The dispute was whether the $5.50 insurance charge was a flat fee, as the defendant claimed, or a daily fee, as the plaintiff alleged. After a trial before Paútelas, J., judgment was rendered for the plaintiff, and the defendant appealed. *328 The trial court’s findings of fact and rulings of law are not before us, and we do not have a record of the conflicting testimony below. Our rules contemplate such situations, and provide in pertinent part: “Rule 13. The Record (3) The moving party shall be responsible for presenting to the supreme court a record sufficient for the court to decide the questions of law presented by the case. The supreme court may dismiss the case for lack of such a record. Rule 15. Transcripts (3) If the moving party intends to argue in the supreme court that a finding or conclusion is unsupported by the evidence or is contrary to the evidence, he shall include in the record a transcript of all evidence relevant to such finding or conclusion. .. .” Sup. Ct. Rs. 13,15. In accordance with these rules, the decision below is Affirmed.