Legal Opinion

Weeks v. Lund

Supreme Court of New Hampshire

Decided December 5, 1896PublishedCited by 5 opinions

Bill in Equity, by Jennie M. Weeks against Edward A. Lund and Edwin P. Thompson, executor of the last will and testament of Horace P. Batchelder.

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Bill in Equity, by Jennie M. Weeks against Edward A. Lund and Edwin P. Thompson, executor of the last will and testament of Horace P. Batchelder. The bill alleges that September 1, 1891, the plaintiff made a contract with Batchelder, by the terms of which she agreed to board and lodge him so long as he should live, to do his washing and ironing, to provide him with such a number of rooms in her dwelling-house, all lighted, heated, and furnished in a manner and style suited to his comfort and convenience, considering his feeble physical condition, as might be necessary for him to occupy, to…

1Opinion of the CourtParsons, J.

It is conceded upon the briefs and in argument that the contract upon which the plaintiff relies was not reduced to writing. The point argued is whether, upon the facts stated, specific performance of an oral contract to convey land by will can be decreed. Wo have therefore considered the substantial controversy between the parties without reference to the technical question whether the bill containing no allegation that the contract relied upon was reduced to writing, is not sufficient upon demurrer. P. S., c. 215, s. 1; Bro. St. Fr., s. 505; Walker v. Richards, 39 N. H. 259, 267, 268. The…

2Cases cited6 opinions

  1. Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
  2. Sharkey v. McDermottSupreme Court of Missouri · 1887
  3. Kofka v. RosickyNebraska Supreme Court · 1894
  4. Sutton v. HaydenSupreme Court of Missouri · 1876
  5. Wright v. WrightMichigan Supreme Court · 1894

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Bridgewater v. HooksCourt of Appeals of Texas · 1913
  2. Muir v. BartlettSupreme Court of New Hampshire · 1916
  3. Southern v. KittredgeSupreme Court of New Hampshire · 1932
  4. Lemire v. HaleySupreme Court of New Hampshire · 1943
  5. Bridgewater v. HooksCourt of Appeals of Texas · 1913

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