Cited by

In other words, the statute “requires all agreements not to be performed within one year to be in writing and signed by the party to be charged.” Phillips v. Verax Corp., 138 N.H. 240, 245 (1994).

The statute of frauds, RSA 506:2, requires all agreements not to be performed within one year to be in writing and signed by the party to be charged.

The party opposing summary judgment must put forth contradictory evidence under oath sufficient to indicate that a genuine issue of material fact exists.

Philips v. Verax Corp., 138 N.H. 240, 248-49 (1994); Transmedia Restaurant Co. v. Devereaux, 149 N.H. 454, 461-62 (2003).

Phillips v. Verax Corp., 138 N.H. 240, 249 (1994) (recognizing plaintiff is entitled to allege different theories of recovery but may not collect multiple recoveries for the same loss).

New *531 Hampshire does not require that damages be calculated with mathematical certainty, and the method used to compute damages need not be more than an approximation.

Moreover, it *600 is not necessary for General Linen to calculate its damages with mathematical certainty or that the method used result in more than an approximation.

must be definite in order to be enforceable, the standard of definiteness is one of reasonable certainty and not ‘pristine preciseness.’” Phillips v. Verax Corp., 138 N.H. 240, 245 (1994).

Phillips v. Verax Corp., 138 N.H. 240, 247 (1994) (mathematical certainty not required in computation of damages).

Under New Hampshire law, an injured party “cannot claim multiple recoveries for the same loss even though different theories of liability are alleged in the complaint.” Phillips v. Verax Corp., 138 N.H. 240, 248 *462 (1994).

Control over the breadth and scope of pre-trial discovery is left to the sound discretion of the trial judge.

cision, the court stated that it “has no record of the alleged details regarding the interference with business relationships tort claims, the damages claimed by Cookson under the tort claim, [or] Cookson’s lost opportunity to find other clients.” *359 It is well-established that a plaintiff cannot recover multiple awards for the same loss even though it has alleged different theories of recovery.

Finally, the mere fact that the plaintiffs’ estimate of the value of the trees was an approximation is not fatal.

“New Hampshire does not require that damages be calculated with mathematical certainty, and the method used to compute damages need not be more than an approximation.” Phillips v. *656 Verax Corp., 138 N.H. 240, 247, 637 A.2d 906, 911 (1994).

If the court is persuaded by the *81 plaintiff’s remaining argument, it must award damages “to put the injured party as nearly as possible in the same position he would have been had the injury not occurred.” Phillips v. Verax Corp., 138 N.H. 240, 248, 637 A.2d 906, 912 (1994) (quotation omitted).

“In deciding a motion for judgment notwithstanding the verdict, the trial judge must construe the evidence and all reasonable inferences most favorably to the party opposing the motion.” Phillips v. Verax Corp., 138 N.H. 240, 246, 637 A.2d 906, 911 (1994).

Phillips v. Verax Corp., 138 N.H. 240, 243, 637 A.2d 906, 909 (1994) (brackets, ellipses, and quotations omitted).

when the moving party is entitled to judgment as a matter of law.” Phillips v. Verax Corp., 138 N.H. 240, 243, 637 A.2d 906, 909 (1994) (quotation omitted).