Nutting v. Herbert
Supreme Court of New Hampshire
Covenant broken, which had been transferred to the Supreme Judicial Court, and certain questions of law arising therein settled, as reported in 33 N. H. 120. The case before transferred, and upon which said decision was made, is referred to as part of this case, for a statement of facts and for descriptions in deeds.
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Covenant broken, which had been transferred to the Supreme Judicial Court, and certain questions of law arising therein settled, as reported in 33 N. H. 120. The case before transferred, and upon which said decision was made, is referred to as part of this case, for a statement of facts and for descriptions in deeds. The only question remaining to be settled was, the amount of damages which the defendant should pay the plaintiff, and the plaintiff elected to try this question by jury. The plaintiff claimed, and offered evidence'tending to show, that he understood, at the time of his purchase,…
1Opinion of the CourtFowler, J.
It was settled by this court in a former case, transferred in the same suit between these parties [Nutting v. Herbert, 35 N. H. 120] that the description in the defendant’s deed to the plaintiff included the Merrill place as part of the premises conveyed; that, although parol evidence to contradict or vary the terms of the deed, by showing that part of the premises included within the description was intended to be excepted from the grant, could not be received to avoid a technical breach of covenants; yet, upon the question of damages in a suit for a breach of the covenants of seizin and…
2Cases cited4 opinions
- Carver v. JacksonSupreme Court of the United States · 1830
- Jackson Ex Dem. Astor v. CraneSupreme Court of the United States · 1831
- Evans v. EatonSupreme Court of the United States · 1822
- Frankfort Bank v. JohnsonSupreme Judicial Court of Maine · 1844
3Cited by1 opinion
- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881