Stackpole v. Eastern Railroad
Supreme Court of New Hampshire
Trover, for stones and brick. The 'plaintiff purchased of the defendants a house and adjacent buildings, including, the foundation stones and underlying materials, with the stipulation to remove the property from the defendants’ land within a time specified. The plaintiff had notice, at the time, of the defendants’ purpose to proceed at once to erect a freight-house upon the site of the house purchased by the plaintiff.
Read the full summary
Trover, for stones and brick. The 'plaintiff purchased of the defendants a house and adjacent buildings, including, the foundation stones and underlying materials, with the stipulation to remove the property from the defendants’ land within a time specified. The plaintiff had notice, at the time, of the defendants’ purpose to proceed at once to erect a freight-house upon the site of the house purchased by the plaintiff. The plaintiff removed the house and buildings within the time spécified, but some of the foundation stones and bricks had fallen there, and he was prevented from subsequently…
1Opinion of the CourtAllen, J.
The house and the materials under it, by their sale to the plaintiff, were severed from the land and became his personal property. Kingsley v. Holbrook, 45 N. H. 313; Hoit v. Stratton Mills, 54 N. H. 109. The stipulation to remove the buildings within a specified time was not necessarily a condition the nonperformance of which defeated the plaintiff's title. Whether it was a condition attached to the passing of the title, or the nonperformance of which would defeat the title, might be a question of fact depending upon the understanding of the parties to the sale upon that subject. Hoit v.…
2Cited by3 opinions
- Peirce v. FinertySupreme Court of New Hampshire · 1911
- Dyer v. HartshornSupreme Court of New Hampshire · 1906
- Peirce v. FinertySupreme Court of New Hampshire · 1911