Carleton v. Woods
Superior Court of New Hampshire
Assumpsit. The declaration contained counts upon several promissory notes, and also a count for goods sold and delivered. It appeared, by the admission of the parties, that in the year 1850, the plaintiff agreed to sell to the defendants his stock of goods and groceries. The price to be paid was the cost and freight of the articles. In order to ascertain the cost, a,schedule of the articles was made, and the cost of each article was separately earned out.
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Assumpsit. The declaration contained counts upon several promissory notes, and also a count for goods sold and delivered. It appeared, by the admission of the parties, that in the year 1850, the plaintiff agreed to sell to the defendants his stock of goods and groceries. The price to be paid was the cost and freight of the articles. In order to ascertain the cost, a,schedule of the articles was made, and the cost of each article was separately earned out. The columns were then added up, and for the sum total of the prices, which was divided into several parts, the defendants gave several…
1Opinion of the CourtWoods, J.
The counts upon the notes are not maintained. The consideration of the several notes was in part illegal. Where the contract is entire, the consideration for the promise, in part illegal, will not sustain it. Carleton v. Whitcher, 5 N. H. Rep. 196; Crawford v. Morrill, 8 Johns. 195; Chitty on Con. 61.
But the case in relation to the counts for goods sold and delivered, stands differently. The various articles sold may well be regarded as sold separately, each article.constituting the consideration for the promise to pay the price agreed for it. By the contract, each article was to be…
2Cases cited1 opinion
- Carleton v. WhitcherSuperior Court of New Hampshire · 1830
3Cited by1 opinion
- Ellis v. Candia Trailers & Snow Equipment, Inc.Supreme Court of New Hampshire · 2012