Abbott v. Baldwin
Supreme Court of New Hampshire
BriJj in Equity, for the specific performance of the defendants’ contract to convey to the plaintiffs the spruce and fir timber on a certain lot in Rittsburg. In December, I860, Oscar Baldwin, the owner of the lot, gave the defendant Chase a bond, stipulating to give him a deed of the lot if he paid $50 by March 15, 1867, and $350 thereafter in three equal annual payments with interest.
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BriJj in Equity, for the specific performance of the defendants’ contract to convey to the plaintiffs the spruce and fir timber on a certain lot in Rittsburg. In December, I860, Oscar Baldwin, the owner of the lot, gave the defendant Chase a bond, stipulating to give him a deed of the lot if he paid $50 by March 15, 1867, and $350 thereafter in three equal annual payments with interest. In March, 1867, Chase paid $50, took possession of the lot, and has ever since occupied it. Oscar Baldwin died in 1868, leaving a widow, Ituby, wbo is administratrix of his estate and one of the defendants,…
1Opinion of the CourtCarpenter, J.
The timber, bargained to the plaintiffs and Van Dyke, to be taken off within fourteen years, was a part of the land. Kingsley v. Holbrook, 45 N. H. 313; Howe v. Batchelder, 49 N. H. 204. The statute of frauds (G. L., c. 220, s. 14) provides that “ no action shall be maintained upon a contract for the sale of land unless the agreement upon which it is brought or some memorandum thereof is in writing, and signed by the party to be charged, or by some person by him thereto authorized by writing.” Ruby Baldwin was not authorized b)^ her sons or by Chase in writing to make or sign the memorandum :…
2Cases cited5 opinions
- Connihan v. ThompsonMassachusetts Supreme Judicial Court · 1873
- Phillips v. ThompsonNew York Court of Chancery · 1814
- Malins v. . BrownNew York Court of Appeals · 1850
- Annan v. MerrittSupreme Court of Connecticut · 1840
- Green v. FininSupreme Court of Connecticut · 1868
3Cited by3 opinions
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- Lamprey v. EastmanSupreme Court of New Hampshire · 1894
- Carpenter v. TinglofSupreme Court of New Hampshire · 1912