Watson v. Walker
Superior Court of New Hampshire
Covenant broken. The declaration alleged, in substance, that by a certain deed, made at Dover, on the nineteenth day of August, 1840, between Walker and Mclntire, the defendants, on the one part, and Watson and Austin, the plaintiffs, on the other, after therein reciting, that Walker had invented a certain improvement, in a rotary power stocking-loom, for which he • had obtained letters patent of the United States, bearing date the fifth day of December, 1839, and had sold…
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Covenant broken. The declaration alleged, in substance, that by a certain deed, made at Dover, on the nineteenth day of August, 1840, between Walker and Mclntire, the defendants, on the one part, and Watson and Austin, the plaintiffs, on the other, after therein reciting, that Walker had invented a certain improvement, in a rotary power stocking-loom, for which he • had obtained letters patent of the United States, bearing date the fifth day of December, 1839, and had sold Mclntire one undivided half part of the same, Walker and Mclntire for the consideration of one thousand dollars, paid by…
1Opinion of the CourtEastman, J.
This action was brought upon an agreement under seal, dated August nineteenth, 1840, which is set forth at length, in the facts of the case. The declaration sets out the agreement in full, with the general averments, that the plaintiffs have kept, fulfilled and performed, all matters to be by them fulfilled and performed, and a general allegation of request upon the defendants, and neglect and refusal by them.
Several pleas were interposed to the plaintiffs’ right of recovery, upon all of which, excepting the fourth, an issue of fact was joined. To the fourth, a general demurrer was filed, and…
2Cases cited4 opinions
- Merrill v. Ithaca & Owego Rail RoadNew York Supreme Court · 1837
- Lent v. PadelfordMassachusetts Supreme Judicial Court · 1813
- Griswold v. PitcairnSupreme Court of Connecticut · 1816
- Dougherty v. SnyderSupreme Court of Pennsylvania · 1826