White v. Poole
Supreme Court of New Hampshire
Wbit of Entby, to recover possession of a tract of land in Hanover. The plaintiffs are executors of the will of William H. White. The defendants are William Ii. Poole, who filed a disclaimer, and his wife, Annie L., who for a plea filed a bill in equity praying for the specific performance of a parol contract made with the plaintiffs’ testator.
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Wbit of Entby, to recover possession of a tract of land in Hanover. The plaintiffs are executors of the will of William H. White. The defendants are William Ii. Poole, who filed a disclaimer, and his wife, Annie L., who for a plea filed a bill in equity praying for the specific performance of a parol contract made with the plaintiffs’ testator. Facts found, and case transferred from the November term, 1905, of the superior court, by Ohamberlin, J. In the summer of 1899, Mrs. Poole, being then in poor health, decided to make her home in Cuba and notified White, who was her uncle, of her…
1Opinion of the CourtYoung, J.
Tlie plaintiffs claim that tlie fact Mrs. Poole lived in the house for three years without enforcing her agreement with White estops her to set it up now that he is dead. This claim has no merit, for the court has found that the reason a conveyance was not made in his lifetime was because both White and Mrs. Poole thought a farm would be better for her: and that as soon as they found they could not trade the house for one, he arranged to convey the house to her, but died before he could do it.
The test to determine whether a parol contract is definite enough to sustain a decree for specific…
2Cases cited5 opinions
- Svanburg v. FosseenSupreme Court of Minnesota · 1899
- Ottumwa, Cedar Falls & St. Paul R'y Co. v. McWilliamsSupreme Court of Iowa · 1887
- Work v. WelshIllinois Supreme Court · 1896
- Overstreet v. RiceCourt of Appeals of Kentucky · 1868
- Bigelow v. ArmesSupreme Court of the United States · 1882
3Cited by19 opinions
- Estate of GrossmanSupreme Court of Pennsylvania · 1979
- Bennett v. HarrisonSupreme Court of Minnesota · 1911
- French v. The Bank of New York MellonCourt of Appeals for the First Circuit · 2013
- Sawin v. CarrSupreme Court of New Hampshire · 1974
- Weale v. Massachusetts General Housing Corp.Supreme Court of New Hampshire · 1977
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