mechanical test (New Hampshire) · Go Syfert
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mechanical test in New Hampshire

6 New Hampshire opinions name it 1 courts 1982–2025 1 in the last five years

The cases below were cited by New Hampshire courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Allard & Geary, Inc. v. Farogreen
nh · 1982 · cited in 2 New Hampshire opinions naming this issue, 1986–1988
2 sentences

1988We have repeatedly held that the trier of fact must decide whether time is of the essence of an agreement not by employing a mechanical test, but by determining “the intent of the parties in light of the instrument itself and all the surrounding circumstances, including the parties’ words, actions, and interpretation of their agreement.” Allard & Geary, Inc. v. Faro, 122 N.H. 573, 576 , 448 A.2d 377, 379 (1982); see Rogers v. Cardinal Realty, Inc., 115 N.H. 285, 286 , 339 A.2d 23, 24-25 (1975).

1988We have repeatedly held that the trier of fact must decide whether time is of the essence of an agreement not by employing a mechanical test, but by determining “the intent of the parties in light of the instrument itself and all the surrounding circumstances, including the parties’ words, actions, and interpretation of their agreement.” Allard & Geary, Inc. v. Faro, 122 N.H. 573, 576 , 448 A.2d 377, 379 (1982); see Rogers v. Cardinal Realty, Inc., 115 N.H. 285, 286 , 339 A.2d 23, 24-25 (1975).

22
Rogers v. Cardinal Realty, Inc.green
nh · 1975 · cited in 1 New Hampshire opinions naming this issue, 1988–1988
2 sentences

1988We have repeatedly held that the trier of fact must decide whether time is of the essence of an agreement not by employing a mechanical test, but by determining “the intent of the parties in light of the instrument itself and all the surrounding circumstances, including the parties’ words, actions, and interpretation of their agreement.” Allard & Geary, Inc. v. Faro, 122 N.H. 573, 576 , 448 A.2d 377, 379 (1982); see Rogers v. Cardinal Realty, Inc., 115 N.H. 285, 286 , 339 A.2d 23, 24-25 (1975).

1988We have repeatedly held that the trier of fact must decide whether time is of the essence of an agreement not by employing a mechanical test, but by determining “the intent of the parties in light of the instrument itself and all the surrounding circumstances, including the parties’ words, actions, and interpretation of their agreement.” Allard & Geary, Inc. v. Faro, 122 N.H. 573, 576 , 448 A.2d 377, 379 (1982); see Rogers v. Cardinal Realty, Inc., 115 N.H. 285, 286 , 339 A.2d 23, 24-25 (1975).

11
Leavitt v. Fowlergreen
nh · 1978 · cited in 1 New Hampshire opinions naming this issue, 1986–1986
2 sentences

1986We have held that “[w]hen time is not made of the essence in a contract, although a certain period of time is stipulated for the contract’s completion, equity treats the time limitation as formal rather than essential.. ..” Leavitt v. Fowler, 118 N.H. 541, 543 , 391 A.2d 876, 877 (1978).

1986We have held that “[w]hen time is not made of the essence in a contract, although a certain period of time is stipulated for the contract’s completion, equity treats the time limitation as formal rather than essential.. ..” Leavitt v. Fowler, 118 N.H. 541, 543 , 391 A.2d 876, 877 (1978).

11
Johnson v. William P. Korsak, Inc.green
nh · 1980 · cited in 1 New Hampshire opinions naming this issue, 1982–1982
2 sentences

1982Guy v. Hanley, 111 N.H. 73, 75 , 276 A.2d 1, 3 (1971); see also Johnson v. Korsak, Inc., 120 N.H. 412, 415 , 415 A.2d 1141, 1143 (1980).

1982Guy v. Hanley, 111 N.H. 73, 75 , 276 A.2d 1, 3 (1971); see also Johnson v. Korsak, Inc., 120 N.H. 412, 415 , 415 A.2d 1141, 1143 (1980).

11
Guy v. Hanleygreen
nh · 1971 · cited in 1 New Hampshire opinions naming this issue, 1982–1982
2 sentences

1982Guy v. Hanley, 111 N.H. 73, 75 , 276 A.2d 1, 3 (1971); see also Johnson v. Korsak, Inc., 120 N.H. 412, 415 , 415 A.2d 1141, 1143 (1980).

1982Guy v. Hanley, 111 N.H. 73, 75 , 276 A.2d 1, 3 (1971); see also Johnson v. Korsak, Inc., 120 N.H. 412, 415 , 415 A.2d 1141, 1143 (1980).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Hampshire. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
State v. Linsky green
nh · 1977
1 sentence

2025Id.

12025–2025
Catholic Medical Center v. Executive Risk Indemnity, Inc. green
nh · 2005
1 sentence

2016Id.

12016–2016
Mailloux v. Dickey green
nh · 1986
1 sentence

2005Id. (quotation omitted).

12005–2005

Where else courts name it

CA 38 (1955–2025) PA 30 (1958–2016) MN 29 (1983–2018) IN 22 (1946–2025) IL 22 (1957–2020) WA 21 (1965–2024) NJ 20 (1976–2025) NY 18 (1948–2021) TX 11 (1923–2016) NM 11 (1988–2018) CT 8 (1985–2022) WI 8 (1968–2023) FL 8 (1983–2022) SC 8 (1997–2021) MD 8 (1972–2004) AZ 7 (1961–2011) ID 7 (1975–2002) NC 7 (1984–2016) CO 7 (1976–2025) MI 7 (1966–2009) OH 6 (1999–2018) OR 6 (1976–2014) LA 6 (1973–1989) NH 6 (1982–2025) HI 5 (1982–2007) MO 5 (1977–2007) AR 4 (1981–2008) DE 4 (1973–2021) NE 4 (1989–2025) WY 3 (1983–2011) MT 3 (2009–2014) WV 3 (1980–1982) MS 3 (1966–2024) AK 3 (1977–2026) ND 3 (1974–2007) UT 2 (1996–1996) GA 2 (2021–2023) RI 2 (1987–1989) MA 2 (1986–2009) IA 2 (1980–2015) SD 2 (1997–2001) ME 2 (1998–2025) KY 2 (1974–1978) OK 2 (1980–1994) KS 2 (1937–2011)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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