Folsom v. Great Falls Man. Co.
Superior Court of New Hampshire
Assumpsit. The plaintiff alleged in his declaration that on the 30th of June, 1831, he was in the defendants’ service, as agent and clerk in their manufacturing establishment, and the defendants agreed, if he would build a dwelling house and out buildings, for his own use, on a certain lot of the defendants, that at any time within five years from July 1, 1831, when the plaintiff should quit their service, and request them to purchase said dwelling house, &c., they would…
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Assumpsit. The plaintiff alleged in his declaration that on the 30th of June, 1831, he was in the defendants’ service, as agent and clerk in their manufacturing establishment, and the defendants agreed, if he would build a dwelling house and out buildings, for his own use, on a certain lot of the defendants, that at any time within five years from July 1, 1831, when the plaintiff should quit their service, and request them to purchase said dwelling house, &c., they would purchase the same, and pay him therefor the sum he should have expended in building the same—that the plaintiff agreed to…
1Opinion of the CourtParker, C. J.
The contract, as stated in the second count, is clearly within the statute of frauds. 5 N. H. Rep. 130, Lane vs. Shackford, and the authorities cited for the defendants.
If the plaintiff could recover, it must be on the first or third counts.
Laying out of the case any thing in those counts, to show that the contract, as there stated, is within the statute, and viewing it as a contract that the plaintiff should build a house on the defendants’ land, and that the defendants should pay him the amount expended, if he should so elect, we are of the opinion that the plaintiff is not entitled to…
2Cases cited1 opinion
- Lane v. ShackfordSuperior Court of New Hampshire · 1830