Mead v. Welch
Supreme Court of New Hampshire
Assumpsit. The parties are the same in both actions. The first is founded upon a breach of a written contract by which the defendants agreed to render certain services for the plaintiffs, and for the recovery of $50 paid thereunder. Plea, the general issue, with a brief statement that the defendants were induced to make *tlie contract through the‘fraud* of the plaintiffs, by which they were relieved from performing their part of it.
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Assumpsit. The parties are the same in both actions. The first is founded upon a breach of a written contract by which the defendants agreed to render certain services for the plaintiffs, and for the recovery of $50 paid thereunder. Plea, the general issue, with a brief statement that the defendants were induced to make *tlie contract through the‘fraud* of the plaintiffs, by which they were relieved from performing their part of it. The plaintiffs in the second action seek to recover the reasonable value of their services, claimed to be $254.25. By agreement the actions were tried together.…
1Opinion of the Court
Per Curiam. *
With reference to the second suit, the jury found that the plaintiffs were induced to perform services for the defendants under a special contract through the fraud of the latter; that upon its discovery they abandoned the contract, retaining the $50 wdiich the defendants had paid them, and that • the plaintiffs’ labor was reasonably worth to the defendants more •than $50. Under such circumstances it is not apparent what useful purpose would have been promoted if the plaintiffs had returned the money received before bringing their suit. They found their present right of action,…
2Cases cited5 opinions
- Owen v. WestonSupreme Court of New Hampshire · 1885
- Wood v. GarlandSupreme Court of New Hampshire · 1877
- Shaw v. AbbottSupreme Court of New Hampshire · 1881
- Spiller v. CassSupreme Court of New Hampshire · 1878
- Wiswall v. HarrimanSupreme Court of New Hampshire · 1883
3Cited by3 opinions
- Lacoss v. LebanonSupreme Court of New Hampshire · 1917
- Doherty v. BartlettCourt of Appeals for the First Circuit · 1936
- Mears v. HolmesSupreme Court of New Hampshire · 1924