Pray v. Burbank
Superior Court of New Hampshire
Assumpsit, on an account annexed to the writ, for one cord of wood. The plaintiff, who lived in Rochester, proved, that in the summer of 1837, he and the defendant were together near the defendant’s dwelling house in Great Falls Village, in Somersworth, and the plaintiff was there unloading from his cart, upon the premises of the defendant, a load of wood, containing about one cord.
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Assumpsit, on an account annexed to the writ, for one cord of wood. The plaintiff, who lived in Rochester, proved, that in the summer of 1837, he and the defendant were together near the defendant’s dwelling house in Great Falls Village, in Somersworth, and the plaintiff was there unloading from his cart, upon the premises of the defendant, a load of wood, containing about one cord. While the plaintiff was thus engaged, the defendant employed a man to saw said wood, and put it into his woodshed, which was done on the same clay. Wood was worth there four dollars per cord. The. defendant…
1Opinion of the CourtWoods, J.
This case is submitted to our determination by agreement of the parties.
To enable us to arrive ata proper result in reference to the legal rights of the parties, two facts would seem necessary first to be determined.
1. Was the wood sold by the cord.
2. Was the wood measured by a measurer of wood, duly appointed and sworn in the town of Somersworth.
Sufficient other facts appear by the agreement, to show the finding of those two facts important, and even indispensably necessary to a proper decision of this cause.
This necessity appears, from a consideration of the provisions of the statute of…
2Cited by3 opinions
- Wendell v. MoultonSuperior Court of New Hampshire · 1852
- Cahoon v. CoeSupreme Court of New Hampshire · 1876
- Heywood v. WingateSuperior Court of New Hampshire · 1843