Crawford v. Parsons
Supreme Court of New Hampshire
Covenant, on a lease by which the defendants let to the plaintiffs a lot of land in Colebrook, to be used in the manufacture of potato starch, for twenty years from Feb. 9, 1874, at a yearly rent cf §125, “with the right to draw water from the grist-mill pond sufficient to carry and operate a starch-mill, said lessees to have the first use of the water after the grist-mill is supplied from said nond, * * * provided the said” lessees “ shall not draw the water out of the pond…
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Covenant, on a lease by which the defendants let to the plaintiffs a lot of land in Colebrook, to be used in the manufacture of potato starch, for twenty years from Feb. 9, 1874, at a yearly rent cf §125, “with the right to draw water from the grist-mill pond sufficient to carry and operate a starch-mill, said lessees to have the first use of the water after the grist-mill is supplied from said nond, * * * provided the said” lessees “ shall not draw the water out of the pond more than six inches below the top of the dam where the waste water runs over: * * * and the said lessors eovenaut with…
1Opinion of the CourtDoe, C. J.
Counts in contract and tort may be joined in a declaration on a single cause of action. It does not appear that the counts were not on the same cause of action, or that the amendment was necessary, or had any effect iipon the trial or the verdict.
The construction of the written contract is the ascertainment of the fact of the parties’ intention from competent evidence. Houghton v. Pattee, 58 N. H. 326; Morse v. Morse, 58 N. H. 391. The dam was not leased to the plaintiffs, and the lease does not prove an understanding that the dam was to be kept in repair by them, either for their own benefit…
2Cases cited1 opinion
- Adams v. MarshallMassachusetts Supreme Judicial Court · 1885
3Cited by6 opinions
- Opinion of the JusticesSupreme Court of New Hampshire · 1891
- Atlas Truck Leasing, Inc. v. First Nh Banks, Inc. (Formerly First Bancorp of New Hampshire, Inc.)Court of Appeals for the First Circuit · 1987
- Salinger v. SalingerSupreme Court of New Hampshire · 1899
- Hunt v. Goodimate Co.Supreme Court of New Hampshire · 1947
- Bartlett v. LarochelleSupreme Court of New Hampshire · 1894
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