Keyes v. Dearborn
Superior Court of New Hampshire
Assumpsit. The declaration alleged, that the defendant, on February 28, 1832, in consideration that the plaintiff would agree to rent and lease to the defendant all that part of the plaintiff’s farm in Rumney, lying, &c., (together with one half of the buildings, and divers articles of personal property,) all the farm and property aforesaid to be rented and leased to the defendant for one year from April 1, 1832, and so on, from year to year, as long as the parties to said…
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Assumpsit. The declaration alleged, that the defendant, on February 28, 1832, in consideration that the plaintiff would agree to rent and lease to the defendant all that part of the plaintiff’s farm in Rumney, lying, &c., (together with one half of the buildings, and divers articles of personal property,) all the farm and property aforesaid to be rented and leased to the defendant for one year from April 1, 1832, and so on, from year to year, as long as the parties to said agreement should agree to continue said agreement, and return the same when said agreement should be determined, promised…
1Opinion of the CourtWoods, J.
It is a familiar and well settled rule of pleading in assumpsit, that a special contract, for the breach of which damages are demanded, must be described in the declaration, either in its very terms or according to its legal effect; and that any material variance, however trivial, in the statement of it, between the contract declared on and that proved, will be fatal to the action, and that such variance may be taken advantage of on the general issue. In support of the principle of this rule, there would seem to be an entire concurrence of the authorities. 1 Saund. Pl. Evid. 117, (3d American…
2Cases cited1 opinion
- Favor v. PhilbrickSuperior Court of New Hampshire · 1834
3Cited by2 opinions
- Francis v. Superior Oil Co.Court of Appeals for the Tenth Circuit · 1939
- Brandon Velez, Plaintiff v. Rachael Eutzy, Erik Slocum, Casey Seigle, and The City of Manchester, N.H., DefendantsDistrict Court, D. New Hampshire · 2025