Bryant v. Wells
Supreme Court of New Hampshire
From Grafton Circuit Court. Assumpsit, for use and occupation. Plea, the general issue with a set-off'. The action was sent to a referee, who heard the parties, and made a report in favor of the plaintiff.
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From Grafton Circuit Court. Assumpsit, for use and occupation. Plea, the general issue with a set-off'. The action was sent to a referee, who heard the parties, and made a report in favor of the plaintiff. At the request of the parties he also reported the following facts, and his rulings upon questions of law : One Betsey H. Bryant, by her deed dated January 31, 1867, conveyed to the plaintiff two undivided third parts of the rented premises, upon condition to be void upon the performance by said Betsey of the condition of her bond of the same date for the support and maintenance of the…
1Concurrence
The principal question involved in this case was settled in the recent and well-considered case of Chandler v. Coe, 54 N.H. 561, where it was held that an undisclosed principal is liable to be sued and entitled to sue upon an express verbal contract, and also upon a simple written contract not under seal (but not upon a negotiable instrument), made by his agent for him in the agent's name. The contract with Wells being one entire contract, it follows that Bryant and Cummings must join in bringing the suit. The amendment joining Cummings as co-plaintiff was clearly admissible. Gen. Stats., ch.…
2Cases cited2 opinions
- Chandler v. CoeSupreme Court of New Hampshire · 1874
- Pitkin v. RobySupreme Court of New Hampshire · 1861