Gammon v. Howe
Supreme Judicial Court of Maine
This was an action of debt, alleging that the defendant, on the 6th of Feb. 1836, by his writing obligatory of that date, duly executed and delivered, bound and obliged himself to pay the plaintiff the sum of five hundred dollars. The instrument declared on, and produced in evidence by the plaintiff on the trial, was under seal, and signed by both parties.
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This was an action of debt, alleging that the defendant, on the 6th of Feb. 1836, by his writing obligatory of that date, duly executed and delivered, bound and obliged himself to pay the plaintiff the sum of five hundred dollars. The instrument declared on, and produced in evidence by the plaintiff on the trial, was under seal, and signed by both parties. By it, the plaintiff agreed to sell to the defendant one eighth part of a tract of timberland in New Hampshire, “ at the rate of one dollar for each and every thousand feet of sound pine trees, suitable for making merchantable boards,” one…
1Opinion of the Court
After a continuance, for advisement, the opinion of the Court was drawn up by
Weston C. J.
The persons appointed to explore the land, and ascertain the quantity of pine timber thereon, fit to make merchantable boards, appear to have discharged their duty faithfully, and to the acceptance of the defendant. We do not think, that the absence of one of them one day, the defendant being present and making no objection at the time, can now fairly be urged by him to impair the validity of their report, under the agreement of the parties.
The plaintiff, within ten days after receiving their report,…
2Cases cited1 opinion
- Perkins v. LymanMassachusetts Supreme Judicial Court · 1814
3Cited by5 opinions
- Willson v. Mayor of BaltimoreCourt of Appeals of Maryland · 1896
- Williams v. GreenSupreme Court of Arkansas · 1854
- Carpenter v. LockhartIndiana Supreme Court · 1849
- Cavanaugh v. ConwaySupreme Court of Rhode Island · 1914
- Gowen v. GerrishSupreme Judicial Court of Maine · 1839