Stack v. Cavanaugh
Supreme Court of New Hampshire
Assumpsit, to recover $25 and interest, paid by the plaintiff to the defendants as part of the price of a horse. Facts found by the court. At an auction sale of horses by the defendants, October 12, 1886, the plaintiff bid off a horse at the price of $112.50, which was delivered to him on payment of $25, and upon the understanding that the balance of the price was to be secured by note and a mortgage upon the horse.
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Assumpsit, to recover $25 and interest, paid by the plaintiff to the defendants as part of the price of a horse. Facts found by the court. At an auction sale of horses by the defendants, October 12, 1886, the plaintiff bid off a horse at the price of $112.50, which was delivered to him on payment of $25, and upon the understanding that the balance of the price was to be secured by note and a mortgage upon the horse. The plaintiff took the horse away, -and upon harnessing him to a wagon found that he was unable to drive him. The plaintiff took the horse back to the defendants’ stable that…
1Opinion of the Court
It is the settled law of this state that an infant may avoid his contract of sale by rescinding the contract and restoring the property to the vendor. If he does so, he may recover the price paid by him for the property. Heath v. Stevens, 48 N.H. 251. If he does not restore the goods and has not paid for them, he is liable in a suit by the vendor for so much of the price as is equal to the benefit derived from the purchase. Hall v. Butterfield, 59 N.H. 354; Bartlett v. Bailey, 59 N.H. 408.
In this case the plaintiff returned the horse to the defendants reduced in value by the plaintiff's…
2Cases cited4 opinions
- Hall v. ButterfieldSupreme Court of New Hampshire · 1879
- Bartlett v. BaileySupreme Court of New Hampshire · 1879
- Eaton v. HillSupreme Court of New Hampshire · 1870
- Heath ex rel. Heath v. StevensSupreme Court of New Hampshire · 1869
3Cited by1 opinion
- Wooldridge v. LavoieSupreme Court of New Hampshire · 1918