Danforth v. Dewey
Superior Court of New Hampshire
for two was for two another count for Assumpsit. One count was upon an account ploughs, of the,value of $24. Another count ploughs, sold and delivered. There was money. had and received.
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for two was for two another count for Assumpsit. One count was upon an account ploughs, of the,value of $24. Another count ploughs, sold and delivered. There was money. had and received. The cause was tried here at January term, 1824, upon the general issue ; when it appeared in evidence, that the parties, on the 4th November, 1822, made a settlement of their mutual accounts, and that on that settlement, two ploughs, then in the defendant’s possession, were taken into the account, and the value of them allowed to the defendant ; and it was agreed, that the ploughs should be at the disposal of…
1Opinion of the Court
By the court.
In this case, the plaintiff purchased of the defendant two ploughs ; and, in an adjustment of accounts between the parties, the value of the ploughs was allowed to the defendant; yet he has refused to deliver the ploughs, and has converted them to his own use. It is objected, by the:defendant, that this action cannot be maintained upon these facts. But we think otherwise. It seems to us, that when the defendant refused to deliver the ploughs, the plaintiff had a right to consider the contract as rescinded, and to recover back the price he had paid for the ploughs. 5 John. 85,…
2Cases cited2 opinions
- Gillet v. MaynardNew York Supreme Court · 1809
- Willie v. GreenSuperior Court of New Hampshire · 1821
3Cited by3 opinions
- Wilson v. GeorgeSuperior Court of New Hampshire · 1839
- Abbot v. JohnsonSupreme Court of New Hampshire · 1855
- Chamberlin v. PerkinsSupreme Court of New Hampshire · 1875