Sanborn v. Osgood
Superior Court of New Hampshire
"Writ or Entry for certain land in Hanover. Plea, the general issue, with a brief statement that the defendant would offer evidence that the plaintiff and defendant on the 7th day of October 1837 made an exchange of farms; that the farm that the plaintiff conveyed to the defendant was worth $800, and that conveyed by the defendant to the plaintiff was worth $4,000; that the defendant was induced by the false and fraudulent representations of the plaintiff to give $2500 for…
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"Writ or Entry for certain land in Hanover. Plea, the general issue, with a brief statement that the defendant would offer evidence that the plaintiff and defendant on the 7th day of October 1837 made an exchange of farms; that the farm that the plaintiff conveyed to the defendant was worth $800, and that conveyed by the defendant to the plaintiff was worth $4,000; that the defendant was induced by the false and fraudulent representations of the plaintiff to give $2500 for the plaintiff’s farm, and that $500 of that sum is secured to the plaintiff by a mortgage and note made to the plaintiff…
1Opinion of the CourtWoods, J.
The evidence offered in this ease in support of the facts alleged in the brief statement was rejected, and the question now comes before us in the same manner as if those facts had been proved ; and it is this, whether in connection with the fact that was admitted, that the defendant still retained the title to the farm conveyed to him by the plaintiff, without any offer to reeonvey or to rescind the contract, the facts offered to be proved would have constituted a good defence to the action.
The brief statement admits, that upon the exchange of farms the defendant acquired by the plaintiff’s…
2Cases cited2 opinions
- Ayers v. HewettSupreme Judicial Court of Maine · 1841
- Roberts v. DrinkardCourt of Appeals of Kentucky · 1860