Rafferty v. Lougee
Supreme Court of New Hampshire
Bill in Equity. The defendant Lougee owned a tract of woodland in Rochester, and verbally employed one McDaniel, an auctioneer, residing in Dover, to sell • it for her at public auction. McDaniel duly advertised, and sold the land for $3T0. The defendant directed McDaniel to get out the auction bills for her. One of the bills was sent to her by McDaniel before the sale, and she expressed her entire satisfaction with it.
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Bill in Equity. The defendant Lougee owned a tract of woodland in Rochester, and verbally employed one McDaniel, an auctioneer, residing in Dover, to sell • it for her at public auction. McDaniel duly advertised, and sold the land for $3T0. The defendant directed McDaniel to get out the auction bills for her. One of the bills was sent to her by McDaniel before the sale, and she expressed her entire satisfaction with it. The terms of sale were 10 per cent, cash, and the balance on delivery of the deed. The plaintiff was the purchaser, and on the day of the sale paid McDaniel the 10 per cent.,…
1Opinion of the CourtClark, J.
The plaintiff relies upon the notices of sale, the memorandum made by the auctioneer, and the receipt, as a compliance with the statute of frauds. The notices of sale purport to be signed by the defendant Mrs. Lougee, and by McDaniel as auctioneer ; the memorandum is not signed by any one; and the receipt is signed by the auctioneer. These writings do not meet the requirements of the statute. No memorandum actually signed by Mrs. Lougee is produced. The printed notices of sale bearing her printed signature were procured and issued by the auctioneer acting under verbal instructions. -He was…
2Cases cited3 opinions
- Grafton v. CummingsSupreme Court of the United States · 1879
- O'Donnell v. LeemanSupreme Judicial Court of Maine · 1857
- Horton v. McCartySupreme Judicial Court of Maine · 1866
3Cited by5 opinions
- Briand v. WildSupreme Court of New Hampshire · 1970
- Chellis v. GrimesSupreme Court of New Hampshire · 1903
- Stockwell v. WilliamsSupreme Court of New Hampshire · 1894
- Dunlap v. FossSupreme Court of New Hampshire · 1926
- Halstead v. MurraySupreme Court of New Hampshire · 1988