Legal Opinion

Willson v. Legro

Supreme Court of New Hampshire

Decided October 5, 1909Published

Bill in Equity, in aid of which an action at law was brought. The controversy is the same as that reported 73 N. H. 515. Facts found, and case transferred from the February term, 1908, of the superior court, by Stone, J., who denied the plaintiffs’ motion for the assessment of damages in the suit at law and ordered both suits to be dismissed, subject to the plaintiffs’ exceptions.

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Bill in Equity, in aid of which an action at law was brought. The controversy is the same as that reported 73 N. H. 515. Facts found, and case transferred from the February term, 1908, of the superior court, by Stone, J., who denied the plaintiffs’ motion for the assessment of damages in the suit at law and ordered both suits to be dismissed, subject to the plaintiffs’ exceptions. In-1902, the defendants conveyed to the plaintiffs for the sum of 11,778.29 a tract of woodland, which was irregular in shape and was described as consisting of five lots and as containing 344 acres and seventy…

1Opinion of the CourtWalker, J.

The case first came to this court upon an agreed statement of facts. Willson v. Legro, 73 N. H. 515. No ruling was made thereon by the superior court and there was no agreement providing for a disposition of the controversy. It did not clearly appear what question of law was intended to be presented, or what useful purpose would be served by deciding whether substantial damages could, on some theory, be recovered in the action at law. The case is now transferred a second time upon the plaintiffs’ exceptions to the order of the court denying their motion for the assessment of damages and to…

2Cases cited3 opinions

  1. Nelson v. HallSupreme Court of New Hampshire · 1880
  2. Whitney v. BickfordSupreme Court of New Hampshire · 1898
  3. Willson v. LegroSupreme Court of New Hampshire · 1906

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