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Contracts Keyed to Fuller
Watkins & Son v. Carrig
Citation:
91 N.H. 459, 21 A.2d 591 (1941)Facts
The plaintiff, Robert G. Watkins & Son, Inc., entered into a written contract with the defendant, James A. Carrig, to excavate a cellar for a stated price. The contract provided that “all material” would be removed from the site, with no reservations for unexpected conditions. Shortly after work began, the plaintiff encountered solid rock, which was not anticipated when the contract was formed. The plaintiff’s manager notified the defendant of this discovery, and at a meeting between them, they orally agreed that the plaintiff would remove the rock at a unit price approximately nine times greater than the original excavation price. The rock ultimately constituted about two-thirds of the total excavation space. The defendant later refused to pay the higher price, claiming the oral modification lacked consideration.
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