Chellis v. Grimes
Supreme Court of New Hampshire
Assumpsit, for breach of contract. At the May term, 1903, of the superior court the defendants’ demurrer to the declaration was sustained by Wallace, C. J., and the plaintiffs excepted.
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Assumpsit, for breach of contract. At the May term, 1903, of the superior court the defendants’ demurrer to the declaration was sustained by Wallace, C. J., and the plaintiffs excepted. The declaration sets out an agreement dated November 21, 1901, signed by the parties, by which the plaintiffs agreed with the defendants to “build for them five houses ... on lots which Grimes is to pick out of any of those on the tract of land which Chellis and Newman have recently purchased of one Fisher. . . . Said lots to be four rods wide and six rods deep. In return for which, said Grimes and wife are to…
1Opinion of the CourtWalker, J.
The statute of frauds (P. S., e. 215, s. 1) provides that “ no action shall be maintained upon a contract for the sale of land unless the agreement upon which it is brought, or some memorandum thereof, is in writing and signed by the party to be charged, or by some person by him thereto authorized by writing.” In this case the defendants signed a writing agreeing to convey their homestead and certain personal property to the plaintiffs, in consideration of the plaintiffs’ agreement to build five houses for them on lots of land which “ Grimes is to pick out of any of those ” on a certain tract…
2Cases cited3 opinions
- Brown v. WhippleSupreme Court of New Hampshire · 1877
- Rafferty v. LougeeSupreme Court of New Hampshire · 1884
- Phelps v. StillingsSupreme Court of New Hampshire · 1881
3Cited by3 opinions
- Badr Export & Import, Inc. v. Groveton Papers Co.Supreme Court of New Hampshire · 1982
- Maisch v. CobbSupreme Court of New Hampshire · 1911
- Carpenter v. TinglofSupreme Court of New Hampshire · 1912