Webster v. Clark
Supreme Court of New Hampshire
Assumpsit, upon special counts, for the breach of a contract to lease to the plaintiff for ten years a lot of land, with buildings to be erected thereon by the defendant suitable for a carriage manufactory, at an annual rent of six per cent, upon the cost. The plaintiff introduced parol evidence of the contract alleged, and of an agreement that the buildings should be two stories high, with frames, and brick walls four inches thick.
Read the full summary
Assumpsit, upon special counts, for the breach of a contract to lease to the plaintiff for ten years a lot of land, with buildings to be erected thereon by the defendant suitable for a carriage manufactory, at an annual rent of six per cent, upon the cost. The plaintiff introduced parol evidence of the contract alleged, and of an agreement that the buildings should be two stories high, with frames, and brick walls four inches thick. This is the same case as Webster v. Blodgett, 59 N. H. 120. The writ was amended by omitting the name of Blodgett as defendant; and the plaintiff offered as…
1Opinion of the CourtBingham, J.
The memorandum required by the statute of frauds must contain all the essential terms of the contract, or a reference to something from which they can be ascertained. Williams v. Morris, 95 U. S. 444, 456; Brown v. Whipple, 58 N. H. 229, 282; Browne Frauds, s. 385. The writing signed by the defendant indicates an agreement to erect buildings of some kind; but it refers to no plans or specifications, nor does it show the use to which they were to be adapted. The plaintiff claims that they were to be suitable for a carriage manufactory, two stories high, with frames, and brick walls four inches…
2Cases cited1 opinion
- Williams v. MorrisSupreme Court of the United States · 1877
3Cited by1 opinion
- Maisch v. CobbSupreme Court of New Hampshire · 1911