Whittemore v. Gibbs
Superior Court of New Hampshire
Assumpsit. The declaration was special, and in the following words : “ For that said Gibbs, at Manchester, on the 30th day of January, 1849, agreed with and promised said Whittemore to sell and deliver to him a certain mortgage which he, the said Gibbs, then held against one S. F. Stanton, of Nashua, and given by said Stanton to one William Goodnow, and relinquish all of his claim in and to a certain machine shop in said Manchester, situated on Manchester street, and owned…
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Assumpsit. The declaration was special, and in the following words : “ For that said Gibbs, at Manchester, on the 30th day of January, 1849, agreed with and promised said Whittemore to sell and deliver to him a certain mortgage which he, the said Gibbs, then held against one S. F. Stanton, of Nashua, and given by said Stanton to one William Goodnow, and relinquish all of his claim in and to a certain machine shop in said Manchester, situated on Manchester street, and owned by Baldwin and Stevens; and also that he, the said Gibbs, would not do or cause to be done, any such custom work in said…
1Opinion of the CourtEastman, J.
The contract upon which this action is founded is as follows: The defendant, for a good consideration, agreed to sell and deliver to the plaintiff a note of hand, secured by a mortgage of machinery in a shop in Manchester, together with the mortgage ; and also to relinquish to the plaintiff all his claim to the shop ; and further, not to do any custom work in Manchester or vicinity, such as was then done in the shop, so long as the plaintiff and one Stevens should do business there. Such is the substance of the agreement.
The contract was proved by parol evidence, and the objection to the…
2Cases cited4 opinions
- Southerin v. MendumSuperior Court of New Hampshire · 1831
- Ellison v. DanielsSuperior Court of New Hampshire · 1840
- Rigney v. LovejoySuperior Court of New Hampshire · 1842
- Glass v. EllisonSuperior Court of New Hampshire · 1837
3Cited by3 opinions
- Galvin, et al. v. EMC Mortgage Corporation, et al.District Court, D. New Hampshire · 2013
- Salvage v. HaydockSupreme Court of New Hampshire · 1896
- Mt. Washington Hotel Co. v. RedingtonSupreme Court of New Hampshire · 1875