Douglas v. Oldham
Superior Court of New Hampshire
Covenant beoken, upon an instrument, in the following words. “ This agreement, made this 15th day of December, 1818, by and between Charles Douglas, and Charles Douglas, attorney for Jesse Farnum, of the first part; and John B. Oldham, of the second part, witness-eth, that the said party, of the first part, hath, this day, agreed to sell unto the said party of the second part,— the following described tract of land situated in Franklin, No. 3, and in Connecticut Western…
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Covenant beoken, upon an instrument, in the following words. “ This agreement, made this 15th day of December, 1818, by and between Charles Douglas, and Charles Douglas, attorney for Jesse Farnum, of the first part; and John B. Oldham, of the second part, witness-eth, that the said party, of the first part, hath, this day, agreed to sell unto the said party of the second part,— the following described tract of land situated in Franklin, No. 3, and in Connecticut Western reserve in the state of Ohio, &c. And the said party of the second part doth agree-to pay for the land aforesaid at the…
1Opinion of the Court
By the court.' *
We have no doubt, that the nature, validity, construction, and effect, of the contract are to be *154settled by the laws of Ohio. But the question now to be decided is, does covenant lie oil this instrument ? This question must be settled, not by the law of Ohio, but by our own law, and we think it very clear that, however it may be in Ohio, this paper cannot be considered here as a deed. There is nothing upon it which we can consider as a seal. Assumpsit, then, and not covenant, is the proper action, and there must be
Judgment for the defendant.
Parker, J. having been of Counsel…
2Cited by6 opinions
- Burns Mortgage Co. v. HardyCourt of Appeals for the First Circuit · 1938
- Burns Mortgage Co. v. HardyDistrict Court, D. New Hampshire · 1937
- Bank of Orange County v. ColbySuperior Court of New Hampshire · 1842
- Hall v. BoardmanSuperior Court of New Hampshire · 1843
- Smith v. GodfreySuperior Court of New Hampshire · 1854
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