Moore v. Chesley
Superior Court of New Hampshire
Assumpsit. The first count alleged that on the 25th day of January, 1842, certain persons associated together for the purpose of building a meeting-house at Epping, and agreed together that each subscriber should take the 'number of shares set against his name, at the rate of $25 a share, and pay for the same, to such persons as should be appointed by the subscribers as a building committee, to be appropriated by them for that object during the present year; that the…
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Assumpsit. The first count alleged that on the 25th day of January, 1842, certain persons associated together for the purpose of building a meeting-house at Epping, and agreed together that each subscriber should take the 'number of shares set against his name, at the rate of $25 a share, and pay for the same, to such persons as should be appointed by the subscribers as a building committee, to be appropriated by them for that object during the present year; that the defendant subscribed for one share; that the subscribers met on the 16th day of March, 1842, at Epping, and appointed the…
1Opinion of the CourtGilchrist, J.
This action is brought to enforce a contract, made, as it is said, by the defendant, to pay twenty-five dollars towards the building of a meeting-house, in which he would, by the terms of the contract, be entitled to one share, or one fifty-fourth part, such being the number of shares subscribed by the thirty-four who became parties to the enterprise.
It becomes necessary to inquire, who were the parties to the contract ? "Were they or others entitled, upon a breach of it, to sue for consequential damages ? and what was the consideration upon which the promise of the defendant was founded ?
The…
2Cases cited2 opinions
- Town of Stoddard v. CockranSuperior Court of New Hampshire · 1833
- George v. HarrisSuperior Court of New Hampshire · 1829