Howe v. Huntington
Supreme Judicial Court of Maine
Exceptions from the Court of Common Pleas, Whitman C. J. presiding. Debt on a bond, dated September 26, 1835, the condition of which was, “ that said Huntington has agreed with said Howe, to sell and convey to him, one undivided half part of seven thousand and thirty acres of timber land,” described, “ at such sum as all the merchantable pine timber standing on said one half, suitable Tor board logs, shall amount to at the rate of one dollar and twelve and an half cents per…
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Exceptions from the Court of Common Pleas, Whitman C. J. presiding. Debt on a bond, dated September 26, 1835, the condition of which was, “ that said Huntington has agreed with said Howe, to sell and convey to him, one undivided half part of seven thousand and thirty acres of timber land,” described, “ at such sum as all the merchantable pine timber standing on said one half, suitable Tor board logs, shall amount to at the rate of one dollar and twelve and an half cents per thousand, to be determined by - the ¿opinion of” certain persons named; “ one fourth to be paid in cash upon the…
1Opinion of the Court
After a continuance for advisement, the opinion of the Court was drawn up by
Shepley J.
The first question presented by this bill of exceptions is; whether the stipulations for the conveyance, and for the payment and security of the purchase money were mutual and de= pendent. The bond obliges the defendant to sell and convey the lands for a consideration, “ One fourth to be paid in Cash upon the delivery of a good warrantee deed, the other three fourths in one; two, and three years, with interest, secured by mortgage of the premises.” The cash part is, according to the language, to be paid upon…
2Cases cited1 opinion
- Field v. NickersonMassachusetts Supreme Judicial Court · 1816
3Cited by8 opinions
- Mercer v. Payne & Sons Co.Nebraska Supreme Court · 1927
- Sullivan v. New York & Rosendale Cement Co.New York Court of Appeals · 1890
- H.D. Goodall Hospital v. Department of Health & Human ServicesSupreme Judicial Court of Maine · 2008
- Chunn v. O'Neil Lumber Co.Missouri Court of Appeals · 1913
- Davis, Hackett & Co. v. Western Massachusetts InsuranceSupreme Court of Rhode Island · 1866
3 more not listed; retrieve them via the Exa API.