Brackett v. Hoyt
Superior Court of New Hampshire
Assumpsit, to recover the price of a quantity of hay sold and delivered to the defendant. The case comes before this court upon the report of an auditor appointed to state the account between the parties, who in addition to stating the account, showing a balance due to the plaintiff, at the request of the parties, found and reported the following facts: It appeared in evidence that the hay sold by the plaintiff to the defendant was bargained for in the city of Portsmouth,…
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Assumpsit, to recover the price of a quantity of hay sold and delivered to the defendant. The case comes before this court upon the report of an auditor appointed to state the account between the parties, who in addition to stating the account, showing a balance due to the plaintiff, at the request of the parties, found and reported the following facts: It appeared in evidence that the hay sold by the plaintiff to the defendant was bargained for in the city of Portsmouth, while it was in the plaintiff’s barn in Greenland. The defendant agreed to give twenty dollars a ton for the hay, to be…
1Opinion of the CourtWoods, J.
The case shows a sale and delivery of the hay in question to the defendant.
At the date of the contract the hay was not in a pressed state. At the date of the delivery, in pursuance of the contract, it had been pressed and was in the bundle.
We do not, however, found our opinion in this case upon that particular state of fact, nor regard it as material to the conclusion we have arrived at. We shall treat the case as *267one of a sale of hay in the bundle, pressed, and without any such brands as the statute requires in certain cases. If it be not treated as a sale of pressed hay, but as a sale of…
2Cases cited2 opinions
- Roby v. WestSuperior Court of New Hampshire · 1828
- Pray v. BurbankSuperior Court of New Hampshire · 1839