Howe v. Day
Supreme Court of New Hampshire
Appeal, from the commissioner of insolvency on the estate represented by the defendant. The plaintiff and his wife lived with, took care of, and supported the deceased until his death, under a verbal agreement with him that he would devise or convey to the wife his homestead and personal estate, and to the plaintiff his wood-lot. He devised the homestead and personal estate to the wife, but did not devise or convey his wood-lot to the plaintiff.
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Appeal, from the commissioner of insolvency on the estate represented by the defendant. The plaintiff and his wife lived with, took care of, and supported the deceased until his death, under a verbal agreement with him that he would devise or convey to the wife his homestead and personal estate, and to the plaintiff his wood-lot. He devised the homestead and personal estate to the wife, but did not devise or convey his wood-lot to the plaintiff. The declaration contained the common counts for labor and services, money paid, and goods sold, and a count for taking care of and boarding the…
1Opinion of the CourtAllen, J.
The items of the specification made an investigation of accounts necessary. The action was properly sent to an auditor, and the auditor’s report was evidence for a jury. Doyle v. Doyle, 56 N. H. 567.
No action at law could be maintained on the special contract to convey land, which was notin writing and was within the statute of frauds; but the plaintiff was entitled to recover for the money expended, and what the labor and services performed under the contract were reasonably worth. Ham v. Goodrich, 87 N. H. 185.
Judgment on the verdict.
Smith, J., did not sit: the others concurred.
2Cases cited1 opinion
- Doyle v. DoyleSupreme Court of New Hampshire · 1876
3Cited by4 opinions
- Deal v. . WilsonSupreme Court of North Carolina · 1919
- Consolidated Products Co. v. Blue Valley Creamery Co.Court of Appeals for the Eighth Circuit · 1938
- Willette v. WhitneySupreme Court of New Hampshire · 1926
- Peters v. DickinsonSupreme Court of New Hampshire · 1892