Towle v. Lawrence
Supreme Court of New Hampshire
Case, for deceit in a sale of land conveyed by the defendant to the plaintiff. In the negotiation, the easterly line of the land was incorrectly pointed out by the defendant, whose land did not extend so far east, by a few inches, as the line he pointed out.
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Case, for deceit in a sale of land conveyed by the defendant to the plaintiff. In the negotiation, the easterly line of the land was incorrectly pointed out by the defendant, whose land did not extend so far east, by a few inches, as the line he pointed out. It was claimed by the plaintiff that the defendant’s erroneous representation of the location of the line was fraudulent, and by the defendant, that it was not fraudulent; that he believed the line was where he said it was. During the trial, the defendant offered, in mitigation of damages, his deed to the plaintiff of a part of the land…
1Opinion of the CourtDoe, C. J.
The deed could have been received in mitigation of damages, and deposited with the clerk for the plaintiff on his refusal to accept it, if such a course would have been reasonable. Colby v. Reed, 99 U. S. 560, 566. If the defendant had acquired title to the strip of land a few inches wide, or a part of it, it might be of no value to him, and of great value to the plaintiff: and the plaintiff could not justly compel the defendant to pay full damages, and suffer a great and irreparable loss, which could be obviated by a conveyance of his title to the plaintiff in mitigation of damages. But the…
2Cases cited1 opinion
- Colby v. ReedSupreme Court of the United States · 1879
3Cited by3 opinions
- Owen v. WestonSupreme Court of New Hampshire · 1885
- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881
- Nelson v. HallSupreme Court of New Hampshire · 1880