Barns v. Learned
Superior Court of New Hampshire
Covenant broken. The declaration alleged that the defendant by deed, dated August 20, 1823, conveyed to the plaintiffs a farm in Dublin, described as follows :— “ a certain tract of land lying in Dublin, being a part of lot numbered twelve, in the seventh range, and bounded as follows : — “ beginning at the northwest corner of said lot, thence running east on the north end of said lot to the northeast corner of said lot, — thence south thirty rods, to land owned by Joseph…
Read the full summary
Covenant broken. The declaration alleged that the defendant by deed, dated August 20, 1823, conveyed to the plaintiffs a farm in Dublin, described as follows :— “ a certain tract of land lying in Dublin, being a part of lot numbered twelve, in the seventh range, and bounded as follows : — “ beginning at the northwest corner of said lot, thence running east on the north end of said lot to the northeast corner of said lot, — thence south thirty rods, to land owned by Joseph Haywood — thence west, eight degrees north, to the road that leads to land owned by Aaron Appleton, thence southerly,…
1Opinion of the Court
By the court.
The circumstance, that Wight represented the farm, which he contracted to sell, as containing fifty-four acres, can have no influence in the decision of the question which this case presents. This defendant does not appear to have been in any way privy to any such misrepresentation ; and if the plaintiffs have been *266deceived and injured by Wight’s misrepresentations, they must look to him, and not to this defendant, for redress. They hold all the land for which they, in fact, contracted. But a parcel of land, of which the defendant was not seized, and which was not understood by…
2Cases cited2 opinions
- Leland v. StoneMassachusetts Supreme Judicial Court · 1813
- Morse v. ShattuckSuperior Court of New Hampshire · 1827
3Cited by2 opinions
- Bell v. MorseSuperior Court of New Hampshire · 1833
- Willson v. WillsonSuperior Court of New Hampshire · 1852