Smith v. Phillips
Supreme Court of New Hampshire
Assumpsit. Pacts found by a referee. July 1, 1893, one Bradley executed to the defendants a lease of a tract of land in Concord for the term of five years, with a right of renewal at the expiration of the term. Upon a part of this tract a building or mill for polishing granite had been erected and was owned by the State Capital Polishing Works.
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Assumpsit. Pacts found by a referee. July 1, 1893, one Bradley executed to the defendants a lease of a tract of land in Concord for the term of five years, with a right of renewal at the expiration of the term. Upon a part of this tract a building or mill for polishing granite had been erected and was owned by the State Capital Polishing Works. August 10, 1893, the defendants agreed verbally with the plaintiff- that if he should purchase the polishing mill of the owners they would execute to him a lease of the land occupied by the mill for as long a term as Bradley had leased to them. The…
1Opinion of the CourtParsons, J.
A parol agreement to lease land for a term of years is a contract to convey an interest in lands within the statute of frauds (P. S., c. 187, s. 12; Ib., c. 215, s. 1; Webster v. Blodgett, 59 N. H. 120), and no action at law can be maintained upon it. P. 8., c. 215, s. 1; Lane v. Shackford, 5 N. H. 130, 133; Ayer v. Hawkes, 11 N. H. 148, 150; Ham v. Goodrich, 33 N. H. 32, 35; S. C., 37 N. H. 185; Luey v. Bundy, 9 N. H. 298; Seavey v. Drake, 62 N. H. 393, 394. Part performance of such an agreement does not take the case out of the statute so as to authorize the recovery of damages in an action…
2Cases cited5 opinions
- Abbott v. DraperNew York Supreme Court · 1847
- Eaton v. WhitakerSupreme Court of Connecticut · 1846
- Buck v. PickwellSupreme Court of Vermont · 1854
- Hawley v. MoodySupreme Court of Vermont · 1852
- Hibbard v. WhitneySupreme Court of Vermont · 1841
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- McCrillis v. American Heel Co.Supreme Court of New Hampshire · 1931