Ellsworth v. Brown
Supreme Court of New Hampshire
Assumpsit, by John B. Ellsworth against Bradbury T. Brown. The cause was sent to an auditor, who represents as follows: “ I allow the items of the plaintiff’s specifications as follows, viz.: Dec. 6, 1872, To drawing 7,643 cubic feet at 115 per M. to $4.50 per M., $299.07 Eeb. 27, 1873. To drawing 22,090 feet at 3 dollars per M., 66.27 $365.34 I allow the defendant upon the items of his set-off and a bill of goods purchased of Dearborn & Merrill, 333.87 $31.47 I find that…
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Assumpsit, by John B. Ellsworth against Bradbury T. Brown. The cause was sent to an auditor, who represents as follows: “ I allow the items of the plaintiff’s specifications as follows, viz.: Dec. 6, 1872, To drawing 7,643 cubic feet at 115 per M. to $4.50 per M., $299.07 Eeb. 27, 1873. To drawing 22,090 feet at 3 dollars per M., 66.27 $365.34 I allow the defendant upon the items of his set-off and a bill of goods purchased of Dearborn & Merrill, 333.87 $31.47 I find that the 7,643 cubic feet of timber was drawn under a special contract, which said contract was broken by the plaintiff prior…
1Opinion of the Court
The auditor having found that the plaintiff's claim for damage on account of the breach of the special contract is greater than the amount of the plaintiff's claim after deducting the set-off, and it being conceded, according to the doctrine of Britton v. Turner, 6 N.H. 481, that the defendant cannot recoup in damages beyond the amount of the plaintiff's claim, he desires to apply his damages in the first place to the plaintiff's claim, and take judgment for the balance which will then be due on his set-off.
But the auditor has found that the items of the set-off were delivered and received in…
2Cases cited1 opinion
- Britton v. TurnerSuperior Court of New Hampshire · 1834
3Cited by1 opinion
- Meredith Mechanic Ass'n v. American Twist Drill Co.Supreme Court of New Hampshire · 1891