Woodstock Soapstone Co. v. Carleton, 133 N.H. 809 (1991)

Citation: Woodstock Soapstone Co. v. Carleton, 133 N.H. 809 (1991)
Parent Document: Woodstock Soapstone Co. v. Carleton, 133 N.H. 809 (1991)
Jurisdiction: New Hampshire (state)
Effective Date: 1991-01-28
Original Source: https://www.courtlistener.com/opinion/8090733/woodstock-soapstone-co-v-carleton/ ↗

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After trial, the Superior Court (Mohl, J.) ruled that the tax escalator clause, specifying 1985-86 as the base tax year for both land and building, was ambiguous. Since no tax was levied on the building in the 1985-86 tax year, that year could not be used as a base year in calculating the tax increases or decreases as contemplated by the parties. The trial court interpreted the contract to accurately reflect the parties’ intent in entering into the agreement. With respect to *814the taxes on the land, the court found that 1985-86 was the appropriate base year because that was the first full tax year on the land. As to the building, there was no tax actually paid in 1985-86, so the first full tax year for which a base tax on the building could be calculated was 1986-87. The court found that the evidence at trial was clear and convincing that the parties contemplated and intended this result when they agreed to the relocation of Woodstock to the West Lebanon premises and executed the leases to effectuate that agreement.

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