Grafton v. Cummings
Supreme Court of the United States
Error to the Circuit Court of the United States for the Southern District of New York. On the sixteenth day of' May, 1871, the hotel known as the Glen House, at the foot of the White Mountains in New Hampshire, together with its furniture, was bid off at an auction sale by Grafton at the price of $90,000. At the end of the ten days allowed by the terms of the sale for examination of the title, three deeds were tendered him which were supposed to convey the title.
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Error to the Circuit Court of the United States for the Southern District of New York. On the sixteenth day of' May, 1871, the hotel known as the Glen House, at the foot of the White Mountains in New Hampshire, together with its furniture, was bid off at an auction sale by Grafton at the price of $90,000. At the end of the ten days allowed by the terms of the sale for examination of the title, three deeds were tendered him which were supposed to convey the title. Pie refused to accept them, or pay the purchase-money, or otherwise complete the contract of purchase. The property was again…
1Opinion of the CourtJustice Miller
The bill of exceptions in this case is voluminous, containing, apparently, every thing said and' done on the trial. Sixty-one errors are assigned to this court.
We shall confine ourselves to the examination of one of them. That one presents the question, as it occurs in various forms in the record, whether there was a sufficient memorandum of the contract in writing, under the Statute of Frauds of New Hampshire, to sustain the action.
It is proper to observe that the objection to the papers is not that they were not signed by Grafton, the party charged, for he signed himself the principal…
2Cases cited2 opinions
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- Cushing v. Monarch Timber Co.Washington Supreme Court · 1913
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