George W. Blanchard & Son Co. v. American Realty Co.
Supreme Court of New Hampshire
Assumpsit, to recover the third instalment of $25,000, due April 1, 1919, under the contract which was involved in the former suit between the same parties. 79 N. H. 295. The contract was not under seal, and provided that “The vendor agrees to sell and does hereby sell, and the Purchaser agrees to buy and does hereby buy, and agrees to pay for all the pulp timber on a certain tract of land, according to the terms and conditions as hereinafter set forth.”
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Assumpsit, to recover the third instalment of $25,000, due April 1, 1919, under the contract which was involved in the former suit between the same parties. 79 N. H. 295. The contract was not under seal, and provided that “The vendor agrees to sell and does hereby sell, and the Purchaser agrees to buy and does hereby buy, and agrees to pay for all the pulp timber on a certain tract of land, according to the terms and conditions as hereinafter set forth.” In December, 1918, the defendant notified the plaintiff that it had abandoned the contract and should not cut any more of the timber. The…
1Opinion of the CourtPeaslee, J.
The motion to dismiss the action because the plaintiff, being a foreign corporation, had not complied with Laws 1913, c. 187 (Ensign v. Christiansen, 79 N. H. 353), when its cause of action accrued, is based upon the assumption that its refusal to pay an instalment when it became due was a breach of the entire contract. The required appointment of the secretary of state as attorney for the service of process had been made before the instalment now sued for became due under the terms of the contract; and unless the failure to pay the earlier instalment was a breach of the entire contract, the…
2Cases cited4 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- White v. SolomonMassachusetts Supreme Judicial Court · 1895
- International Textbook Co. v. MartinMassachusetts Supreme Judicial Court · 1915
- Massachusetts Biographical Society v. RussellMassachusetts Supreme Judicial Court · 1918
3Cited by2 opinions
- Farrow v. FarrowSupreme Court of Missouri · 1955
- Barry v. Bank of New Hampshire, National Ass'nSupreme Court of New Hampshire · 1972