Harriman v. Park
Supreme Court of New Hampshire
Assumpsit. The writ is dated October 19,1872, and the declaration is as follows: “ In a plea of the case for that the defendants, at Plymouth aforesaid, on the tenth day of August, 1869, in consideration that said deceased, then in full life, would grant and convey to them, by good and sufficient deed of conveyance, a certain tract of land situate in Warren in said county, promised and agreed to build and keep in repair a suitable fence on the westerly and southerly sides of…
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Assumpsit. The writ is dated October 19,1872, and the declaration is as follows: “ In a plea of the case for that the defendants, at Plymouth aforesaid, on the tenth day of August, 1869, in consideration that said deceased, then in full life, would grant and convey to them, by good and sufficient deed of conveyance, a certain tract of land situate in Warren in said county, promised and agreed to build and keep in repair a suitable fence on the westerly and southerly sides of said land at their own expense; and the plaintiff avers that the said deceased in his lifetime did grant and convey to…
1Concurrence
The clause in the deed from the plaintiff's testator to the defendants is in these words: "And the said grantees agree to build and keep in repair a suitable fence, on the westerly and southerly sides of said last described premises, at their own expense." On the authority of Goodwin v. Gilbert, 9 Mass. 510, Pike v. Brown, 7 Cush. 133, and the other cases cited by my brother SMITH, I think that this action may be maintained for damages sustained by the breach of the contract during the testator's lifetime; but I find myself unable to go any further. It appears to me that the action can be…
2Cases cited5 opinions
- Goodwin v. GilbertMassachusetts Supreme Judicial Court · 1813
- Atlantic Dock Co. v. LeavittNew York Supreme Court · 1867
- Emery v. SmithSupreme Court of New Hampshire · 1865
- Emerson v. MooneySupreme Court of New Hampshire · 1870
- Fellows v. BrownSupreme Court of New Hampshire · 1861