Little v. Paddleford
Superior Court of New Hampshire
Covenant, founded upon an agreement under seal, dated September 27, 1839, alleged to have been executed by the plaintiff of the one part, and the defendants, Peter Paddle-ford and Cyrus Eastman, of the other part; by the said Eastman, under the signature of Eastman, Mattocks &. Co. The declaration alleged, that on said 27th of September, 1839, in consideration that the plaintiff agreed to grant, convey and assure to the said Paddleford and Eastman, on or before the first day…
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Covenant, founded upon an agreement under seal, dated September 27, 1839, alleged to have been executed by the plaintiff of the one part, and the defendants, Peter Paddle-ford and Cyrus Eastman, of the other part; by the said Eastman, under the signature of Eastman, Mattocks &. Co. The declaration alleged, that on said 27th of September, 1839, in consideration that the plaintiff agreed to grant, convey and assure to the said Paddleford and Eastman, on or before the first day of January then next, by a good and sufficient deed, a certain tract of land in Littleton in said county, the…
1Opinion of the CourtWoods, J.
It is not necessary to determine the question of variance between the allegations in the declaration, and the proofs offered in their support; nor is it necessary to consider the question of the propriety of the amendment allowed at the trial.
The question of the competency of the secondary evidence admitted at the trial to prove the existence of the incumbrance upon the estate described in the contract declared on, has not been urged in argument at this bar, but has been very properly waived. The exception taken at the trial cannot legally be sustained. Application was made to Sawyer, who was…
2Cases cited1 opinion
- Spencer v. SouthwickCourt for the Trial of Impeachments and Correction of Errors · 1814
3Cited by2 opinions
- North Bay Council, Inc. v. BrucknerSupreme Court of New Hampshire · 1989
- Carpenter v. BaileySupreme Court of New Hampshire · 1876