Bryant v. Wells
Supreme Court of New Hampshire
From Grafton Circuit Court. Assumpsit, for use and occupation. Plea, the general issue with a set-off'. The action was sent to a referee, who heard the parties, and made a report in favor of the plaintiff.
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From Grafton Circuit Court. Assumpsit, for use and occupation. Plea, the general issue with a set-off'. The action was sent to a referee, who heard the parties, and made a report in favor of the plaintiff. At the request of the parties he also reported the following facts, and his rulings upon questions of law : One Betsey H. Bryant, by her deed dated January 31, 1867, conveyed to the plaintiff two undivided third parts of the rented premises, upon condition to be void upon the performance by said Betsey of the condition of her bond of the same date for the support and maintenance of the…
1Opinion of the Court
FROM GRAFTON CIRCUIT COURT. In making the contract for use and occupation, upon which this suit is brought, James F. Bryant acted as the agent of the plaintiff, Lucinda M. Bryant, and one Cummings, who, it is to be assumed, were tenants in common of the premises demised. The fact of his agency was not disclosed at the time of the contract. It is the ordinary case of a contract not under seal, made by an agent in his own name on behalf of an undisclosed principal; and it is not to be doubted that an action may be maintained upon it in the name of the principal. See notes to Paterson v.…
2Cases cited3 opinions
- Bailey v. SmithSupreme Court of New Hampshire · 1861
- Pitkin v. RobySupreme Court of New Hampshire · 1861
- Webber v. MerrillSupreme Court of New Hampshire · 1856
3Cited by2 opinions
- Lisa Censabella v. Hillsborough County AttorneySupreme Court of New Hampshire · 2018
- Manchester Supply Co. v. DearbornSupreme Court of New Hampshire · 1940