George W. Blanchard & Son Co. v. American Realty Co.
Supreme Court of New Hampshire
Assumpsit, to recover an installment of $25,000 under the terms of a logging contract. Trial by jury and verdict for the plaintiff.
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Assumpsit, to recover an installment of $25,000 under the terms of a logging contract. Trial by jury and verdict for the plaintiff. Transferred from the December term, 1918, of the superior court by Marble, J. The plaintiff obtained an amendment of the declaration, .wherein a written contract was set out, by which it appeared that on October 31,1916, the plaintiff sold to the defendant all the spruce and fir timber upon certain lands of the plaintiff for the sum of $100,000, payable in equal annual installments of $25,000 on the first day of April in each of the years of 1917, 1918, 1919 and…
1Opinion of the CourtWalker, J.
The case was tried under the amended declaration. The original counts were stricken out and new counts were substituted therefor in which the plaintiff sought to recover the second installment of $25,000; which, under the contract, was due and payable at the date of the writ. The breach alleged was the failure of the defendant to make that payment upon demand; and the ver diet establishes the fact upon competent evidence that the defendant committed a breach' of the contract in the respect alleged.
The issues raised by the defendant’s plea were, (1) that the person who executed the contract in…
2Cases cited6 opinions
- State Ex Rel. Thorndike v. CollinsSupreme Court of New Hampshire · 1894
- Lamprey v. EastmanSupreme Court of New Hampshire · 1894
- Ackerman v. MiddlebySupreme Court of New Hampshire · 1910
- Larry v. HerrickSupreme Court of New Hampshire · 1876
- Solomons v. ChesleySupreme Court of New Hampshire · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Port Washington State Bank v. Polonia Phonograph Co.Wisconsin Supreme Court · 1923