Summary
In Warren v. Batchelder, 16 N.H. 580, the court held that a demand on the defendant was requisite before suit. Whether this is so we need not decide, for the evidence in this case shows a demand before suit.
Summary of this case from Wood v. MoriartyOpinion
Argued June 9, 1981.
Decided June 11, 1981.
Appeal from the Superior Court, Cumberland County.
Verrill Dana, Charles A. Harvey, Portland (orally), for plaintiff.
Aldrich Aldrich, P.A., Rupert F. Aldrich, South Paris (orally), for defendants.
Before McKUSICK, C.J., and WERNICK, GODFREY, ROBERTS and CARTER, JJ.
MEMORANDUM OF DECISION.
Benny and Helen Ferigno appeal from a judgment of the Superior Court, Cumberland County, declaring the location on the face of the earth of their common boundary line with Warren R. Batchelder. There is no dispute about the controlling deed description and thus no issue of law. See Bazinet v. Howe, Me., 427 A.2d 494, 496-97 (1981). Neither party requested findings of fact. We assume, therefore, all findings necessary to support the decision. Jacobs v. Boomer, Me., 267 A.2d 376, 379 (1970). Testing those findings by the "clearly erroneous" standard as recently explained in Harmon v. Emerson, Me., 425 A.2d 978, 982 (1981), we find no error.
The entry is:
Judgment affirmed.
All concurring.