Bean v. Wendell
Superior Court of New Hampshire
In Equity. The bill states that an action was pending April 21,1338, brought by D. Wendell, against the complainant, for breaking and entering her close in Lyman, and cutting and carrying away her timber trees. D. Wendell died, and A. Wendell her executor, prosecuted the suit.
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In Equity. The bill states that an action was pending April 21,1338, brought by D. Wendell, against the complainant, for breaking and entering her close in Lyman, and cutting and carrying away her timber trees. D. Wendell died, and A. Wendell her executor, prosecuted the suit. Bean, to end the controversy, then proposed to Wendell’s attorneys to purchase the land, and an agreement was made, in pursuance of which he gave the attorneys his note for $38, and interest, for the cost of the suit, and three notes to Wendell amounting to $200. The agreement was written, and stated that Bean had given…
1Opinion of the CourtBell, J.
Of the facts in controversy, there can be no doubt that the referees found against Wendell’s right to claim performance of Bean’s contract, and that they did not allow to Bean the amount of costs paid by him in the trespass suit. It is clear, that some concession was made as to the right to recover those costs, in consequence of which no further evidence on the right to those costs was offered. The precise character of the admission is left in some doubt by the evidence. The witnesses recollect it differently; they probably understood it differently. But we think there is a decided…
2Cases cited2 opinions
- Greenough v. RolfeSuperior Court of New Hampshire · 1828
- Rand v. RedingtonSuperior Court of New Hampshire · 1842