Hill v. Davis
Superior Court of New Hampshire
Assumpsit for a quantity of hewn stone sold and delivered. The cause was submitted to the decision of the court upon the following facts. The p amtiff, in the summer of 1816, Contractpd to underpin the defendant’s house With hewn stone, and the stones, mentioned in the plaintiff’s declaration, were furnished for that purpose.
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Assumpsit for a quantity of hewn stone sold and delivered. The cause was submitted to the decision of the court upon the following facts. The p amtiff, in the summer of 1816, Contractpd to underpin the defendant’s house With hewn stone, and the stones, mentioned in the plaintiff’s declaration, were furnished for that purpose. But it being found, that the same stones would not answer for that purpose, they were not used, but were left near the house of the defendant by the plaintiff, until the fall of that year, when the defendant built a dairy, and put into it the same stones. In the fall of…
1Opinion of the CourtRxchaudson, C. J.
There are many cases, in which a plaintiff may waive a tort, and thus change the form of his action. Thus it is said, that, when goods are tortiou.Jy taken, the trespass of the taking may be waived, and trover be maintained for the conversion. 1 Burr. 31.
And where a defendant was nurse to the plaintiff’s intestate, and, when he died, went off with the money he had about him ; it was held, that an action for money had and received might be maintained. The court said, that they would presume a subsequent contract, and that the bringing of the action was an admission of a consent to the taking.…
2Cases cited1 opinion
- Chauncy v. YeatonSuperior Court of New Hampshire · 1818
3Cited by1 opinion
- Graves v. TicknorSuperior Court of New Hampshire · 1834