Brown v. Berry
Superior Court of New Hampshire
Assumpsit, upon the following contract signed by the defendants : “ For value rec’d, we jointly &. severally promise to pay John Brown or order forty dollars, to be paid in wool skins at sixty-seven cents each.
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Assumpsit, upon the following contract signed by the defendants : “ For value rec’d, we jointly &. severally promise to pay John Brown or order forty dollars, to be paid in wool skins at sixty-seven cents each. Said skins are to be delivered at John Clark’s Inn, in Dover, on the 6th day of December instant, and are to be worth as much each as the skins which the said Brown purchased of Samuel Quarles this day, & are now in the store of said Brown, being the same skins that I examined in said store. December 3, 1841.” The writ was dated December 8th, 1841. It was proved that before the note…
1Opinion of the CourtParker, C. J.
On the sixth of December, the day the note became due, the clerk of Berry, one of the defendants, was at the place of payment with skins ready for delivery. If these skins had been such as the defendant promised to deliver, the contract would have been discharged by the readiness to deliver at the time and place. Story on Sales, § 307, 308, and cases there cited ; Chitty on Contracts 727, note; 4 N. H. Rep. 40, Robinson vs. Batchelder.
But it appears that the skins were not such as the contract required. There was, therefore, no sufficient tender, and the instructions to the clerk to settle…
2Cases cited2 opinions
- Hatch v. TaylorSuperior Court of New Hampshire · 1840
- Robinson v. BatchelderSuperior Court of New Hampshire · 1827