Moore v. Ross
Superior Court of New Hampshire
Indebitatus assumpsit upon an. account annexed for work and labor., and rye-and Wheat. - It appeared on the trial, that the plaintiff and one.Edward Pickett, in the fall of the . year 1824, took a tract of land belonging to the defendant,- to be sown by them with wheat and rye — -the plaintiff and Pickett to have each one fourth part of the crop, and the defendant the remainder. : In the spring of the year 1825.,. the ground having been prepared and sown with wheat and rye…
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Indebitatus assumpsit upon an. account annexed for work and labor., and rye-and Wheat. - It appeared on the trial, that the plaintiff and one.Edward Pickett, in the fall of the . year 1824, took a tract of land belonging to the defendant,- to be sown by them with wheat and rye — -the plaintiff and Pickett to have each one fourth part of the crop, and the defendant the remainder. : In the spring of the year 1825.,. the ground having been prepared and sown with wheat and rye the fall before, a conversation was had between the plaintiff and defendant about fencing the land, which resulted in an…
1Opinion of the CourtParker, J.
It is objected that the evidence in this case will not support ail action of indebitatus assumpsit for work and labor performed, and grain sold. This objection is tech-nica!, but it must prevail.
The work and labor were performed/and the grain was furnished, iinder a special contract to sow the land upon shares, as it is termed. The labor was. performed, and the material found, by the plaintiff, for himself, in accomplishing whát he had undertaken to do, in consideration of an agreement that he should receive a portion of the crop.. If tiiat contract had. been fully executed, no duty would…
2Cited by2 opinions
- Wilson v. GeorgeSuperior Court of New Hampshire · 1839
- Smith v. WheelerSuperior Court of New Hampshire · 1854