Beach v. Steele
Superior Court of New Hampshire
Assumpsit. Plea, the general issue. The declaration consisted of four counts. The first count was founded on a note given by the defendant to the plaintiff, on the 24th of August, 1835, for the sum of $200, payable when the defendant or one Platt should sell seventeen hundred acres of land bonded to the defendant by the plaintiff, and when the amount was received in payment of the land ; and the plaintiff averred that the land was sold on the 9th of July, 1836, and payment…
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Assumpsit. Plea, the general issue. The declaration consisted of four counts. The first count was founded on a note given by the defendant to the plaintiff, on the 24th of August, 1835, for the sum of $200, payable when the defendant or one Platt should sell seventeen hundred acres of land bonded to the defendant by the plaintiff, and when the amount was received in payment of the land ; and the plaintiff averred that the land was sold on the 9th of July, 1836, and payment was received for the same on that day. The second count alleged that the plaintiff, on the 3d of May, 1835, executed to…
1Opinion of the CourtUpham, J.
The writing on the back of the bond, and the note or contract, declared on in the first count, are conceded in the case to be part and parcel of the same contract. By this contract, the sum of two hundred dollars was to be paid, conditionally, in consideration of the conveyance of land by a good deed of warranty, and provided the land should be sold by the defendant, and payment received.
The testimony of Platt was offered to show a parol contract, made at the same time with the written contract, to pay four hundred and eighty dollars, instead of the two hundred dollars. This evidence was…
2Cases cited4 opinions
- Parker v. ParmeleNew York Supreme Court · 1822
- Jones v. GardnerNew York Supreme Court · 1813
- Everson v. KirtlandNew York Court of Chancery · 1834
- Dearth v. WilliamsonSupreme Court of Pennsylvania · 1816