Cited by

v. Wood, 155 N.H. 73, 82 (2007); C & M Realty Trust v. Wiedenkeller, 133 N.H. 470, 477 (1990).

The plaintiff argues, “Contrary to the Court’s conclusion, Plaintiff was honest.” However, “[t]he trial court was in the best position to observe the parties and to determine their credibility.” C & M Realty Tr.

To the 2 extent that the easement holder argues that she did not intend to relinquish her common law rights, we determine the intent of parties to an agreement based upon objective standards, rather than on their subjective, un-manifested states of mind.

C & M Realty Trust v. Wiedenkeller, 183 N.H. 470, 476, 578 A.2d 354, 358 (1990).

C & M Realty Trust v. Wiedenkeller, 133 N.H. 470, 476, 578 A.2d 354, 357 (1990) (court considers intent of parties at time agreement was entered into in arriving at its interpretation).

rated document, that other documents filled in the missing term, and that according to such documents “[t]he lease terminates when the condominium is formed and the condominium deed to apartment 10-F is delivered to [the plaintiff].” We will not disturb the trial court’s “findings unless they are unsupported by the evidence or erroneous as a matter of law.” C & M Realty Trust v. Wiedenkeller, 133 N.H. 470, 476, 578 A.2d 354, 358 (1990).

C & M Realty Trust v. Wiedenkeller, 133 N.H. 470, 475, 578 A.2d 354, 357 (1990) (considering parties’ subsequent conduct in interpreting contract).

“Whether or not a contract has been modified is a question of fact for the trial court to determine, and we will not disturb its ruling unless the record contains insufficient evidence to support it.” C & M Realty Trust v. Wiedenkeller, 133 N.H. 470, 477, 578 A.2d 354, 358 (1990).

C & M Realty Trust v. Wiedenkeller, 133 N.H. 470, 476, 578 A.2d 354, 358 (1990).

C & M Realty Trust v. Wiedenkeller, 133 N.H. 470, 475, 578 A.2d 354, 357 (1990); Sawin, 114 N.H. at 466, 323 A.2d at 927.

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.

C & M Realty Trust v. Wiedenkeller, 133 N.H. 470, 475-76, 578 A.2d 354, 357 (1990) (court upheld trial court’s ruling that buyer breached purchase and sale contract when buyer failed to perform by date unilaterally set by seller; buyer given five days’ notice of closing date).

C & M Realty Trust v. Wiedenkeller, 133 N.H. 470, 476, 578 A.2d 354, 358 (1990).