Wallace v. Antrim Shovel Co.
Supreme Court of New Hampshire
Assumpsit upon a written contract between the parties, with general counts for labor and services, and money had and received.
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Assumpsit upon a written contract between the parties, with general counts for labor and services, and money had and received. By the agreement between the parties the plaintiff was made the agent of the defendant, to sell the goods manufactured by it; and the plaintiff, in consideration of the agreements of the defendant, agreed to devote and give his time and attention, so far as might he necessary, to the introduction and sale of such goods; to settle accounts with purchasers, when requested, and, when requested in writing, to purchase stock and materials for the manufacture, and to render…
1Opinion of the CourtBellows, J.
Whether acts like these could be regarded strictly as breaches of the contract or not, we think the court erred in charging the jury that if they found that the plaintiff had broken the contract he could not recover, unless the covenant he had broken was a condition precedent; or unless the defendant had. elected to rescind the contract for the violation of it by the plaintiff’.
But nothing appears in the case to show such rescission, unless it be the brief statement, and that can hardly be considered seasonable.
The instructions, however, were not put upon that ground, and are entirely…
2Cases cited3 opinions
- Tompkins v. ElliotNew York Supreme Court · 1830
- Bennet v. Executors of PixleyNew York Supreme Court · 1810
- Keenan v. BrownSupreme Court of Vermont · 1849