Eastman v. Clark
Supreme Court of New Hampshire
Assumpsit, by Cyrus Eastman against Curtis O. Clark, Damon T. Clark, and Nicholas T. Stillings, to recover a balance alleged to be due for three hundred and seventy-five bushels of corn sold by the plaintiff to the defendants in the summer of 1864. The two first defendants were defaulted, and Stillings pleaded the general issue.
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Assumpsit, by Cyrus Eastman against Curtis O. Clark, Damon T. Clark, and Nicholas T. Stillings, to recover a balance alleged to be due for three hundred and seventy-five bushels of corn sold by the plaintiff to the defendants in the summer of 1864. The two first defendants were defaulted, and Stillings pleaded the general issue. At the trial, it appeared that in the summer of 1864 the defendants were engaged in running a line of'stages between the Crawford house in the White Mountain Notch and the town of Jackson. It was agreed between them that the two Clarks should furnish a coach and two…
1Opinion of the CourtJeremiah Smith, J.
This is an action of contract. To charge the defendant Stillings in this form of action, it is necessary to show, either an actual contract entered into by him, on such circumstances that the law will, by a fiction adopted for the sake of the remedy, imply a contract “ directly against the actual fact.”
Upon the findings of the jury, it is clear that there was no actual contract on the part of Stillings to pay for the corn; there was no engagement to that- effect signified, either by the words or by the conduct of Stillings. A “ contract in fact ” can be proved in only three ways. It must…
2Cases cited10 opinions
- Loomis v. MarshallSupreme Court of Connecticut · 1837
- Green v. GravesMichigan Supreme Court · 1844
- Berthold v. GoldsmithSupreme Court of the United States · 1861
- Rice v. AustinMassachusetts Supreme Judicial Court · 1821
- Fry's v. Lexington & Big Sandy RailroadCourt of Appeals of Kentucky · 1859
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3Cited by2 opinions
- Copp v. HennikerSupreme Court of New Hampshire · 1875
- Mason v. GibsonSupreme Court of New Hampshire · 1905