Copeland Process Corp. v. Nalews, Inc.

312 A.2d 576 (N.H. 1973)

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Nature of the Case

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Facts

Copeland (P) subcontracted with Nalews (D) to furnish labor, materials, and services on a contract between P and the town of Lincoln. The contract was mutually rescinded without prejudice when D could not meet its deadlines. The agreement for rescission said nothing about damages for D's breach. P sued D for a breach. P claimed that the rescission had no effect on existing rights and duties and only operated in the future. D argued that the agreement canceled the contract in total. The trial court found for D. P appealed; parol evidence was improperly admitted.