Hallett v. Parker
Supreme Court of New Hampshire
Bill in Equity, by II. K. Hallett, administrator of the estate of George Earr, and Eliza C. Earr, praying that the defendant he required to convey to the plaintiffs the Oak Hill House. ' Facts found by the court. February 7, 1894, the property, consisting of a hotel and land, subject to incumbrances, belonged to George Farr and the estate of John B. Jarvis, deceased. On that day it was sold at public auction and bought by the defendant, to whom a deed was delivered.
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Bill in Equity, by II. K. Hallett, administrator of the estate of George Earr, and Eliza C. Earr, praying that the defendant he required to convey to the plaintiffs the Oak Hill House. ' Facts found by the court. February 7, 1894, the property, consisting of a hotel and land, subject to incumbrances, belonged to George Farr and the estate of John B. Jarvis, deceased. On that day it was sold at public auction and bought by the defendant, to whom a deed was delivered. On the same day (March 7) he delivered to George Farr and Eliza C. Farr, his wife, his bond in which he agreed to convey the…
1Opinion of the Court
"Wallace, J.
The defendant claims (1) that the plaintiffs are not entitled to the specific performance of the agreement to convey the land in question, and (2) that if the plaintiffs are entitled to a conveyance of the land, they must take it subject to a right on his part to maintain upon it his aqueduct. It is urged by the defendant that by the loss of the buildings by fire, which falls on him (Wilson v. Clark, 60 N. H. 852), he is released from the performance of his contract. But if the plaintiffs perform the conditions of the bond,— pay the defendant all they agreed to pay him,— the loss…
2Cases cited4 opinions
- Batchelder v. HibbardSupreme Court of New Hampshire · 1878
- Converse v. NoyesSupreme Court of New Hampshire · 1891
- Wilson v. ClarkSupreme Court of New Hampshire · 1880
- Osgood v. EatonSupreme Court of New Hampshire · 1883
3Cited by3 opinions
- Waterville Estates Assoc. v. Town of CamptonSupreme Court of New Hampshire · 1982
- Hodsdon v. KennettSupreme Court of New Hampshire · 1905
- Lovell v. HarveySupreme Court of New Hampshire · 1974