Hunkins v. Hunkins
Supreme Court of New Hampshire
Bill in Equity, to enforce specific performance of a parol contract for the conveyance of land, upon a bargain for an exchange of lands, with an alternative pi-ayer for compensation by way of damages for refusal to perform the contract. Facts found by a referee.
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Bill in Equity, to enforce specific performance of a parol contract for the conveyance of land, upon a bargain for an exchange of lands, with an alternative pi-ayer for compensation by way of damages for refusal to perform the contract. Facts found by a referee. The land in question is situated in Sandown, and was formerly owned by Maynard Hunkins, who died in 1872, intestate, leaving nine children, including the plaintiff, James, and Charles C. In 1873, Frank, one of the children, conveyed his interest to Charles, so that Charles thereafter owned two ninths. In the fall of 1877, Charles and…
1Opinion of the CourtAllen, J.
The execution of the final contract for the exchange of lands by the conveyance by the plaintiff of his land to his brother Charles in his lifetime, and the plaintiff’s possession and improve ment oí the land agreed to be conveyed to him in pursuance of the contract, was a part performance of the contract by the plaintiff, sufficient to take it from the operation of the statute of frauds, aiid to have entitled him to a decree of specific performance against his brother. Tilton v. Tilton, 9 N. H. 385, 390; Johnson v. Bell, 58 N. H. 395; Seavey v. Drake, 62 N. H. 393.
The plaintiff claims a…
2Cases cited2 opinions
- Seavey v. DrakeSupreme Court of New Hampshire · 1882
- Johnson v. BellSupreme Court of New Hampshire · 1878
3Cited by4 opinions
- Hallett v. ParkerSupreme Court of New Hampshire · 1896
- Hall v. HallSupreme Court of New Hampshire · 1899
- Melton Et Ux. v. LaneSupreme Court of Oklahoma · 1911
- Rohn v. LeachDefiance County Court of Common Pleas · 1922