Foster v. Foster
Supreme Court of New Hampshire
Covenant. Reported 62 N. H. 46. Verdict for tbe plaintiff. A bouse-lot on Park street, in Manchester, was conveyed, in 1873, by tbe Amoskeag Manufacturing Company, to Bartlett, who conveyed it with warranty to the defendant, who conveyed it with warranty to the plaintiff.
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Covenant. Reported 62 N. H. 46. Verdict for tbe plaintiff. A bouse-lot on Park street, in Manchester, was conveyed, in 1873, by tbe Amoskeag Manufacturing Company, to Bartlett, who conveyed it with warranty to the defendant, who conveyed it with warranty to the plaintiff. The deed of the company to Bartlett contained a condition that the deed should be void if any building not necessary for the dwelling-place of one family should be erected or placed on the lot within twenty-five years. The defence was assumed by Bartlett, the defendant’s warrantor.
1Opinion of the CourtDoe, C. J.
The condition limiting the use of the lot was an incumbrance (Foster v. Foster, 62 N. H. 46, Ayling v. Kramer, 133 Mass. 12, Rawle Cov., 5th ed., s. 77), and the court rightly refused to instruct the jury that the plaintiff could recover no more than nominal damages if he was aware of the restriction when he bought the lot. Nutting v. Herbert, 37 N. H. 346, 350, 351, 353, 354; Burbank v. Pillsbury, 48 N. H. 475, 483; Fletcher v. Chamberlin, 61 N. H. 438, 480-482; Rawle Cov., s. 88. The plaintiff’s right to substantial damages depends on his having suffered a substantial injury. “A paramount…
2Cases cited6 opinions
- Bronson v. CoffinMassachusetts Supreme Judicial Court · 1871
- Linzee v. MixerMassachusetts Supreme Judicial Court · 1869
- Mackey v. HarmonSupreme Court of Minnesota · 1885
- Kellogg v. MalinSupreme Court of Missouri · 1876
- Joy v. HopkinsNew York Supreme Court · 1847
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Labonte v. LacasseSupreme Court of New Hampshire · 1917
- Flint v. Union Water Power Co.Supreme Court of New Hampshire · 1906
- Murphy v. HillSupreme Court of New Hampshire · 1896