Morrill v. Hovey
Supreme Court of New Hampshire
Case, for deceit in the sale of land. Plea, the general issue. The evidence tended to show that the defendant pointed out to the plaintiff, as included in the sale, a certain piece of woodland of considerable value which he did not own, and which was not included in the premises described in the deed which he gave the plaintiff.
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Case, for deceit in the sale of land. Plea, the general issue. The evidence tended to show that the defendant pointed out to the plaintiff, as included in the sale, a certain piece of woodland of considerable value which he did not own, and which was not included in the premises described in the deed which he gave the plaintiff. That deed contained the following condition : “ The said premises being subject to a mortgage to M. D. Stokes for eighteen hundred dollars, which mortgage said grantee assumes as a part of the consideration of this deed, and this conveyance is made on the condition…
1Opinion of the CourtDoe, C. J.
There is no occasion for a new trial. The facts are found, and the proper judgment will be rendered in due time. /The mortgage debt is due; the plaintiff agreed to pay it; and he should not have judgment before he performs his agreement. When he performs it, he will be entitled to his actual damages. „The rights of both parties will be protected at the trial term. Roberts v. Peavey, 27 N. H. 477, 502; Stone v. Clough, 41 N. H. 290, 300; Heywood v. Hartshorn, 55 N. H. 476, 483; Hobbs v. Hobbs, 58 N. H. 81; Moore v. Kidder, 58 N. H. 115, 116; Taft v. Barrett, 58 N. H. 447, 458; Marston v.…
2Cited by5 opinions
- Owen v. WestonSupreme Court of New Hampshire · 1885
- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881
- McDermott v. HayesSupreme Court of New Hampshire · 1880
- Nelson v. HallSupreme Court of New Hampshire · 1880
- Cain v. DickensonSupreme Court of New Hampshire · 1880