Britton v. Turner, 6 N.H. 481 (1834), was a case decided by the Supreme Court of New Hampshire that marked one of the first appearances of the contract law concept of guilty party restitution.

[2] The Supreme Court of New Hampshire upheld the jury verdict.

The Court reasoned that barring the plaintiff from recovering for the work that he had done presented a disproportionate forfeiture.

If the Court did not allow restitution, the employer using a similar contract would be motivated to drive away the employee by mistreatment at the end of the employment period to avoid paying anything.

The Court determined that such an employment contract should be viewed as accepting part performance day by day and that the employer should compensate for the benefit received.