Tripp v. Forsaith MacHine Co.
Supreme Court of New Hampshire
Assumpsit, upon an order dated March 28, 1893, sent by the ■defendants to the plaintiff's and accepted by them, as follows: 4e Please furnish us as and when wanted by us ten to twelve carloads, or the entire cut for the year, of clapboards of your own make, and to be as good as those we have had of you in the past.
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Assumpsit, upon an order dated March 28, 1893, sent by the ■defendants to the plaintiff's and accepted by them, as follows: 4e Please furnish us as and when wanted by us ten to twelve carloads, or the entire cut for the year, of clapboards of your own make, and to be as good as those we have had of you in the past. The prices delivered on cars at Boston points to be as follows: [naming them]. (Delivery to be made before February 1, 1894.) ” Trial by a referee, who found $797.22 due to the plaintiffs. Subject to the defendants’ exception, the plaintiffs were allowed to amend by filing a bill…
1Opinion of the CourtCarpenter, C. J.
The filing of a bill in equity for the reformation of the contract was properly allowed by the referee. P. S., c. 222, s. 8; Ib., c. 227, s. 10; Metcalf v. Gilmore, 59 N. H. 417; Brooks v. Howison, 63 N. H. 382; Howard v. Britton, 67 N. H. 484, 488. It being found that the plaintiffs fully performed their part of the contract, it is immaterial whether the defendants’ refusal to perform their part was occasioned by a decline in the market value of clapboards or by some other cause. The quotation of prices of clapboards in the newspaper and the defend ants’ letter to Ward related to an…
2Cases cited3 opinions
- Metcalf v. GilmoreSupreme Court of New Hampshire · 1879
- Brooks v. HowisonSupreme Court of New Hampshire · 1885
- Howard v. BrittonSupreme Court of New Hampshire · 1893
3Cited by5 opinions
- Lacoss v. LebanonSupreme Court of New Hampshire · 1917
- Peninsula Truck Lines, Inc. v. TookerWashington Supreme Court · 1964
- Alden Speare's Sons Co. v. HubingerCourt of Appeals for the Eighth Circuit · 1904
- S. M. Fleming Co. v. EdmondsTennessee Supreme Court · 1922
- Okada & Co. v. Marques HermanosDistrict Court, D. Puerto Rico · 1921