Hickey v. Dole
Supreme Court of New Hampshire
Bill in Equity, for specific performance. Facts found by a referee. In March, 1882, the plaintiff owned timber land, and a mill and other buildings, called the Stark Mill property, and was engaged in the business of manufacturing lumber. The property had been mortgaged to Emery, who had obtained a judgment of foreclosure and been put in possession on a writ of possession, and the plaintiff’s time of redemption had nearly expired.
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Bill in Equity, for specific performance. Facts found by a referee. In March, 1882, the plaintiff owned timber land, and a mill and other buildings, called the Stark Mill property, and was engaged in the business of manufacturing lumber. The property had been mortgaged to Emery, who had obtained a judgment of foreclosure and been put in possession on a writ of possession, and the plaintiff’s time of redemption had nearly expired. Being-unable to redeem, the plaintiff applied to the defendant, Charles E. Dole, and one Gilbert Soule (now deceased), for assistance, and an oral agreement was made…
1Opinion of the CourtDoe, C. J.
The writing signed by Soule is a valid contract, and if it had been signed by Dole, the statute of frauds would not have been a defence. Letters written by Dole to the plaintiff refer to and recognize the contract signed by Soule, and the plaintiff’s “ right to redeem the property.” They contain the substance of so much of that contract as is material in this case, and they are as effective as his signing the formal agreement would have been. Brown v. Whipple, 58 N. H. 229; Webster v. Clark, 60 N. H. 36 ; Rafferty v. Lougee, 63 N. H. 54; Barrell v. Joy, 16 Mass. 221, 223 ; Urann v. Coates,…
2Cases cited4 opinions
- Ryan v. United StatesSupreme Court of the United States · 1890
- Kingsbury v. BurnsideIllinois Supreme Court · 1871
- Barbell v. JoyMassachusetts Supreme Judicial Court · 1819
- Urann v. CoatesMassachusetts Supreme Judicial Court · 1872
3Cited by3 opinions
- Kirkland v. O'KellySupreme Court of Alabama · 1928
- Dunlap v. FossSupreme Court of New Hampshire · 1926
- Laforme v. BradleySupreme Court of New Hampshire · 1913