Sherburne v. Shaw
Superior Court of New Hampshire
THIS was an action against the defendant for refusing to complete a purchase by him made at auction of certain lands belonging to the plaintiffs.
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THIS was an action against the defendant for refusing to complete a purchase by him made at auction of certain lands belonging to the plaintiffs. The cause was tried here on the general issue at February term, 1817, when it appeared m evidence that the premises agreed to be purchased were situated in Portsmouth, and consisted of To this paper was affixed the signature of the auctioneer, but it no where appeared who were the owners of the land ; nor did it appear in evidence on the trial, that the auctioneer possessed any authority in writing from any of the plaintiffs m relation to the sale.…
1Opinion of the CourtWoodbury, J.
In the consideration of this cause, several points were suggested, which we have not found it necessary to settle. The defects of the written testimony, offered to prove the contract itself, and the inadmissibility of oral proof to aid those defects, are so striking, that our subsequent examination has confirmed our impressions at the trial, that all this evidence must he rejected, or we shall violate acknowledged principles, and the repeated decisions of the most respectable courts.
Our statute(1) declares, that “ no action shall hereafter be “ maintained upon any contract or sale of lands,…
2Cases cited3 opinions
- Bailey v. OgdenNew York Supreme Court · 1808
- Abeel & Abeel v. RadcliffNew York Supreme Court · 1816
- Merritt v. ClasonNew York Supreme Court · 1815
3Cited by3 opinions
- Briand v. WildSupreme Court of New Hampshire · 1970
- Salmon Falls Manufacturing Co. v. GoddardSupreme Court of the United States · 1853
- Salmon Falls Manufacturing Co. v. GoddardSupreme Court of the United States · 1853