Richards v. Whittle
Superior Court of New Hampshire
Assumpsit. The declaration alleged that the defendants on the 10th day of June 1889, in consideration that the plaintiff had on that day assigned to them a lease of a certain tavern-stand in Goffstown made by one Eliphalet Richards, Jr., to the plaintiff, bearing date May 1, 1838, by an instrument in writing under their hands, promised the plaintiff to save him harmless in all respects from his covenants in said lease during the remainder of the term, and to pay all rents…
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Assumpsit. The declaration alleged that the defendants on the 10th day of June 1889, in consideration that the plaintiff had on that day assigned to them a lease of a certain tavern-stand in Goffstown made by one Eliphalet Richards, Jr., to the plaintiff, bearing date May 1, 1838, by an instrument in writing under their hands, promised the plaintiff to save him harmless in all respects from his covenants in said lease during the remainder of the term, and to pay all rents the plaintiff' had agreed to pay, and to discharge all liabilities that might arise to the plaintiff by virtue of the…
1Opinion of the CourtGilchrist, J.
It may not be necessary to determine the exact terms and conditions of the defendants’ liability upon their covenant to indemnify the plaintiff and save him harmless in all respects from his covenants in the lease named in the case. They have expressly agreed to pay all the rents that the plaintiff' had agreed to pay, and to dischai’ge all his liabilities. This they have not done, and the moment that they failed to pay such rents falling due, this action lay against them at the plaintiff’s suit. Fish v. Dana, 10 Mass. 46; Orofoot v. Moore, 4 Vermont 209.
The measure of damages is the sum that…
2Cases cited1 opinion
- Fish v. DanaMassachusetts Supreme Judicial Court · 1813
3Cited by1 opinion
- Lawton v. Great Southwest Fire InsuranceSupreme Court of New Hampshire · 1978