Gilbert v. Tremblay
Supreme Court of New Hampshire
Bill in Equity, for the specific performance of a contract to convey land. Transferred from the October term, 1919, of the superior court by Sawyer, J. The court found the defendant the owner of a house and lot known as No. 234 on Union Avenue in Laconia, which on April 4,1919, she agreed to sell to the plaintiff for $3500, receiving on the purchase price the sum of $100. At the same time she gave him a receipt in the following terms: “$100. Received from'Gideon Gilbert—…
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Bill in Equity, for the specific performance of a contract to convey land. Transferred from the October term, 1919, of the superior court by Sawyer, J. The court found the defendant the owner of a house and lot known as No. 234 on Union Avenue in Laconia, which on April 4,1919, she agreed to sell to the plaintiff for $3500, receiving on the purchase price the sum of $100. At the same time she gave him a receipt in the following terms: “$100. Received from'Gideon Gilbert— April 4, 1919. One hundred —100 dollars on house 234 Union Ave & Lot. Bal 3400 to be paid within 30 days. Marie Tremblay.”…
1Opinion of the CourtWalker, J.
It is claimed in behalf of the defendant that the memorandum of the contract is insufficient to satisfy the requirements of the statute of frauds, for the reason that the description of the land is indefinite and uncertain and requires a resort to parol evidence to identify it. That the description related to a particular lot of land which the parties had in mind and in reference to which the contract was made, is too clear for argument. The question, therefore, is, does the description satisfy the requirements of the statute? The only suggested objection to the memorandum so far as the…
2Cases cited5 opinions
- Hurley v. BrownMassachusetts Supreme Judicial Court · 1868
- Mead v. ParkerMassachusetts Supreme Judicial Court · 1874
- Doherty v. HillMassachusetts Supreme Judicial Court · 1887
- Dougherty v. ChesnuttTennessee Supreme Court · 1887
- Scanlan v. GeddesMassachusetts Supreme Judicial Court · 1873
3Cited by7 opinions
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- French v. The Bank of New York MellonCourt of Appeals for the First Circuit · 2013
- Cunningham v. SingerSupreme Court of New Hampshire · 1971
- Curlee v. PhelpsCourt of Appeals of Texas · 1922
- Jones v. HudsonWest Virginia Supreme Court · 1977
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