Lamprey v. Eastman
Supreme Court of New Hampshire
Assumpsit, for money paid for standing timber, on the ground of a partial failure of consideration, with a count in case for depriving the plaintiffs of a part of the timber by conveying the land. Facts found by the court. December 17, 1889, the defendant, by a contract in writing not under seal, sold to the plaintiffs the pine and oak timber then standing on his farm, to be cut before April 1, 1891, for $600. which the plaintiffs paid.
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Assumpsit, for money paid for standing timber, on the ground of a partial failure of consideration, with a count in case for depriving the plaintiffs of a part of the timber by conveying the land. Facts found by the court. December 17, 1889, the defendant, by a contract in writing not under seal, sold to the plaintiffs the pine and oak timber then standing on his farm, to be cut before April 1, 1891, for $600. which the plaintiffs paid. Before February 27, 1891, the greater part of the timber had been cut. On that day the defendant executed a deed of the land to Abbie II. Lindsey and Harriet…
1Opinion of the CourtCarpenter, J.
There was no failure of consideration. The plaintiffs received all they bargained and paid for [Paris v. Bryan, 6 B. & C. 651), viz., the right to cut all the pine and oak timber on the farm that they chose to cut before April 1, 1891. It is immaterial that by the contract no property in the standing timber passed to the plaintiffs (Kingsley v. Holbrook, 45 N. H. 313, 320), and that the agreement operated only as a license revocable at the defendant’s pleasure. Howe v. Batchelder, 49 N. H. 204; Abbott v. Baldwin, 61 N. H. 583, 586. It was not revoked. It afforded the plaintiffs full…
2Cases cited1 opinion
- Abbott v. BaldwinSupreme Court of New Hampshire · 1881
3Cited by2 opinions
- Hodsdon v. KennettSupreme Court of New Hampshire · 1905
- George W. Blanchard & Son Co. v. American Realty Co.Supreme Court of New Hampshire · 1919