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The amendment may be allowed if justice requires it (Merrill v. Perkins,
59 N.H. 343 , Elsher v. Hughes,60 N.H. 469 ); and the question of justice, so far as it is a question of fact, is determinable at the trial term. Garvin v. Legery,61 N.H. 153 . It does not appear that an amendment will be useful. Whatever the form of action, the question will arise at a new trial whether there is evidence of any other wrong than a breach of contract on which no action can be maintained.Case discharged.
CLARK, J., did not sit: the others concurred.
Document Info
Citation Numbers: 62 N.H. 345
Judges: DOE, C. J.
Filed Date: 12/5/1882
Precedential Status: Precedential
Modified Date: 1/12/2023