Howes v. Fisk
Supreme Court of New Hampshire
Assumpsit, to recover damages for the breach of a written contract executed December 2,1889, between the defendant Fisk and the plaintiff, whereby Fisk agreed to haul 200 cords of bobbin-wood into the mill-yard of the Groveton Wood Manufacturing Company for the sum of $1.25 per cord; and the plaintiff agreed to pay that price, one half as the wood was hauled, and the balance April 15, 1890. Facts found by a referee.
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Assumpsit, to recover damages for the breach of a written contract executed December 2,1889, between the defendant Fisk and the plaintiff, whereby Fisk agreed to haul 200 cords of bobbin-wood into the mill-yard of the Groveton Wood Manufacturing Company for the sum of $1.25 per cord; and the plaintiff agreed to pay that price, one half as the wood was hauled, and the balance April 15, 1890. Facts found by a referee. About three weeks after the execution of the contract, the defendant Hanson went to the plaintiff' and objected to that part of the contract which postponed payment of one half…
1Opinion of the CourtSmith, J.
The Avritten contract Avas witli Fisk alone. Fisk and Hanson not being partners inter sese, Fisk in entering into the contract acted for himself, and not for himself and Hanson jointly. They were not partners as to third persons, unless Hanson is estopped to deny that he was a principal. Eastman v. Clark, 53 N. H. 276. But there is nothing to show that the plaintiff was induced to enter into the contract relying upon Hanson as a principal.
It does not appear that he kneAv Hanson was to be interested with Fisk in draAving the wood until three Aveeks after the contract Avas entered into, and…
2Cited by1 opinion
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