L & R Rentals v. Judge

Supreme Court of New Hampshire
L & R Rentals v. Judge, 122 N.H. 327 (N.H. 1982)
444 A.2d 542; 1982 N.H. LEXIS 353

L & R Rentals v. Judge

Opinion of the Court

Memorandum Opinion

The plaintiff, L & R Rentals, sued the defendant, Matthew Judge, for money due on a contract to rent a motor vehicle. The dispute was whether the $5.50 insurance charge was a flat fee, as the defendant claimed, or a daily fee, as the plaintiff alleged. After a trial before Paútelas, J., judgment was rendered for the plaintiff, and the defendant appealed.

*328The trial court’s findings of fact and rulings of law are not before us, and we do not have a record of the conflicting testimony below. Our rules contemplate such situations, and provide in pertinent part:

“Rule 13. The Record
(3) The moving party shall be responsible for presenting to the supreme court a record sufficient for the court to decide the questions of law presented by the case. The supreme court may dismiss the case for lack of such a record.
Rule 15. Transcripts
(3) If the moving party intends to argue in the supreme court that a finding or conclusion is unsupported by the evidence or is contrary to the evidence, he shall include in the record a transcript of all evidence relevant to such finding or conclusion. .. .”

Sup. Ct. Rs. 13,15.

In accordance with these rules, the decision below is

Affirmed.

Reference

Full Case Name
L & R Rentals d/b/a Sears Rent-A-Car v. Matthew Judge
Cited By
1 case
Status
Published