Woodbury v. Woodbury
Supreme Court of New Hampshire
Writ dated August 13, 1860. The declaration is as follows : "In a plea of the case for that the plaintiff on a certain day, to wit, on the twenty-seventh day of January, A. D. 1851, duly conveyed to said Peter Woodbury and one Elias H. Woodbury certain parcels of land situate in the aforesaid Wilmot, and in part consideration thereof the said Elias H. and Peter Woodbury, by their promissory note, dated January 27, 1851, promised to pay said plaintiff or order, two hundred…
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Writ dated August 13, 1860. The declaration is as follows : "In a plea of the case for that the plaintiff on a certain day, to wit, on the twenty-seventh day of January, A. D. 1851, duly conveyed to said Peter Woodbury and one Elias H. Woodbury certain parcels of land situate in the aforesaid Wilmot, and in part consideration thereof the said Elias H. and Peter Woodbury, by their promissory note, dated January 27, 1851, promised to pay said plaintiff or order, two hundred and seventy-five dollars, on demand, with interest; and thereafter-wards, to wit, in 1855, said plaintiff, Elias H.…
1Opinion of the CourtSargent, J.
At the trial the court found that $200 was the amount due upon the $275 note if anything could properly be recovered. Can anything be recovered upon it ? The contract was clearly executory. Plaintiff w-as to purchase the premises, and was to pay for the same as agreed, and defendant was to convey. It was all to be done in the future. The note was not paid by that arrangement, but was to be paid in a certain way, but never was. The note was not paid, and has not been since.
No question arises here whether there has been such part performance of the contract, by the plaintiff’s having possession…
2Cases cited14 opinions
- Crocker v. WhitneyMassachusetts Supreme Judicial Court · 1813
- Smith v. StewartNew York Supreme Court · 1810
- Murray v. BurlingNew York Supreme Court · 1813
- Wood v. WatkinsonSupreme Court of Connecticut · 1846
- Keay v. GoodwinMassachusetts Supreme Judicial Court · 1819
9 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Fifield v. BaileySupreme Court of New Hampshire · 1875