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Watkins - original contract Watkins sued and won Carrig...

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Watkins & Son v. Carrig Sup Ct of N.H. (1941) J. Allen P. 333 FACTS: Watkins and Son contracted to excavate a cellar for Carrig. During process Watkins found a large rock that comprised 2/3 of the area to be excavated. Carrig agreed to pay an increased sum to continue excavation. At end of performance, Carrig declined to pay, claiming that there was no consideration for the new contract, b/c the obligation was the same as the
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Unformatted text preview: original contract. Watkins sued and won. Carrig appeals ISSUE: Whether there was sufficient consideration to the second oral agreement to alter the original contract. HOLDING: Yes. Original contract was rescinded and a new contract was formed. RULE: Merger of the recission and promise into one transaction does not destroy them as elements composing the transaction....
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