Newton v. Swazey
Superior Court of New Hampshire
In Chancery. The bill alleged that Richard Gookin, deceased, and said Swazey, were seized of a certain tract of land in Haverhill, in fee simple, and as tenants in common, and bargained and sold the land to the plaintiff for the sum of $384, payable in four equal annual payments; — that the plaintiff gave his notes for the same, and said Gookin and Swazey agreed to execute and deliver to the plaintiff their writing obligatory, with a condition that if the plaintiff paid said…
Read the full summary
In Chancery. The bill alleged that Richard Gookin, deceased, and said Swazey, were seized of a certain tract of land in Haverhill, in fee simple, and as tenants in common, and bargained and sold the land to the plaintiff for the sum of $384, payable in four equal annual payments; — that the plaintiff gave his notes for the same, and said Gookin and Swazey agreed to execute and deliver to the plaintiff their writing obligatory, with a condition that if the plaintiff paid said notes to them as they became due, and the taxes on the land, they would execute and deliver to him a good warrantee…
1Opinion of the CourtParker, J.
The statute of December 29, 1832, confers upon this court a general “power to decree a specific performance of all executory contracts.” The clause was incorporated into the ninth section, by way of amendment, during the pendency of the bill in the House of Representatives, and was, through some mistake, inserted within a clause relating to the modes by which the chancery powers were to be carried into effect, so that its connexion with what immediately precedes and follows it, is not very apparent, but the grant of power is sufficiently distinct.
The plaintiff rests his case upon this clause…
2Cases cited1 opinion
- Parkhurst v. Van CortlandCourt for the Trial of Impeachments and Correction of Errors · 1816
3Cited by3 opinions
- Ayer v. HawkesSuperior Court of New Hampshire · 1840
- Burnham v. PorterSuperior Court of New Hampshire · 1852
- Harper v. PauleyWest Virginia Supreme Court · 1954