Hale v. Handy
Superior Court of New Hampshire
Assumpsit. The writ was dated July 23, 1850. The first count was on an account annexed to the writ for one • hundred cords of logs.
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Assumpsit. The writ was dated July 23, 1850. The first count was on an account annexed to the writ for one • hundred cords of logs. The second count was as follows: - “ Also, for that the plaintiff, at said Nelson, on the twentieth day of August, A.' D. 1849, agreed with the defendant to deliver to him, by the side of the road, one fourth of a mile below the stone mill in Harrisville, one hundred cords of logs from certain trees, designated by marking by the plaintiff and defendant on the plaintiff’s farm, in Nelson— ' the timber to be measured by one of the Mr. Harrises, or by Major A. S.…
1Opinion of the CourtGilchrist, C. J.
It is contended by the defendant that the judgment should be arrested, because the whole of the consideration for his promise is not Stated in the declaration, there being no reference to the stipulation that all the timber was to be sound. But the action is brought to recover the contract price of the timber, and is not for unliquidated damages merely, the first count being on an account annexed to the writ, for one hundred cords of logs. Where a contract has been performed on the part of the plaintiff, and has resulted in an obligation to pay money, so that there is nothing but a mere debt…
2Cases cited3 opinions
- Davenport v. MasonMassachusetts Supreme Judicial Court · 1818
- Carey v. WilcoxSuperior Court of New Hampshire · 1833
- Mitchell v. GileSuperior Court of New Hampshire · 1841