Hobbs v. Hobbs
Supreme Court of New Hampshire
Assumpsit, for money had and received by the defendant as the price of the plaintiff’s 'land, which the defendant, by warranty deed, sold without authority. The plaintiff demanded the money of the defendant before suit. The facts were found by the circuit court.
1Opinion of the CourtDoe, C. J.
If the defendant, without authority, had sold the plaintiff’s personal property and received the price, the plaintiff could ordinarily waive the tort, ratify the unauthorized sale, and recover the money of the defendant in this form of action; and, so far as his rights depend upon the general principles of agency, waiver, and ratification, he may confirm the unauthorized sale of his real estate. The defendant objects that nothing passed by his deed, and that the plaintiff may recover the land of the purchaser, who will have a remedy against the defendant on his warranty. If this objection is…
2Cited by2 opinions
- Owen v. WestonSupreme Court of New Hampshire · 1885
- Cain v. DickensonSupreme Court of New Hampshire · 1880