Chartier v. Marshall
Supreme Court of New Hampshire
Hillsborough County. Bill in Equity, to compel the specific performance of a contract, in writing, to convey certain real estate in Nashua. It is the same case reported in 51 N. H. 400. The cause was sent to a master, from whose report it appeared that one Hoag, October 2, 1865, paid the defendant $100 in cash, and gave him his promissory note for $500, payable in yearly payments of $100, and interest annually until paid.
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Hillsborough County. Bill in Equity, to compel the specific performance of a contract, in writing, to convey certain real estate in Nashua. It is the same case reported in 51 N. H. 400. The cause was sent to a master, from whose report it appeared that one Hoag, October 2, 1865, paid the defendant $100 in cash, and gave him his promissory note for $500, payable in yearly payments of $100, and interest annually until paid. On the same day the defendant delivered to said Hoag his bond to convey said premises to him upon payment of said note, and with a further stipulation that said Hoag should,…
1Opinion of the CourtCushing, C. J.
It appears, from the first report of the master, that the defendant, when he sold the property, believed he had a title to it by sale for taxes, but that soon after giving the bond he had reason to suspect that his title was not good, and that before the bond matured he became certain of it, and that this was the reason of his unwillingness to complete the transaction by giving a deed. This relieves the defendant from the suspicion of intentional fraud, but it does not entitle him to any of that charitable consideration which a court of equity might perhaps have extended to him had he not…
2Cited by1 opinion
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