Russell v. Clough
Supreme Court of New Hampshire
Assumpsit, for labor. Plea, the general issue, with a brief statement claiming damages by way of recoupment for breach of contract on the part of the plaintiff. Facts found, and case transferred from the May term, 1901, of the superior court, by Pike, J, In October, 1899, the parties entered into an agreement whereby the plaintiff was to cut, saw, and stick all the lumber on the defendants’ “Brown lot” in Greenfield.
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Assumpsit, for labor. Plea, the general issue, with a brief statement claiming damages by way of recoupment for breach of contract on the part of the plaintiff. Facts found, and case transferred from the May term, 1901, of the superior court, by Pike, J, In October, 1899, the parties entered into an agreement whereby the plaintiff was to cut, saw, and stick all the lumber on the defendants’ “Brown lot” in Greenfield. The plaintiff understood that he was to receive $3.65 per thousand for the work, the amount of lumber cut to be determined by the measure of the purchaser; and that $3.25 per…
1Opinion of the CourtRemick, J.
The court having found as a fact that the minds of the parties did not meet respecting a material and necessary element of the supposed contract, there was no contract. “ There can be no contract without mutual assent. This is vital to its existence. There can be none where it is wanting. Where there is a misunderstanding as to anything material, the requisite mutuality of assent as to such thing is wanting; consequently the supposed contract does not exist, and neither party is bound. In the view of the law in such case, there has been only a negotiation resulting in a failure to agree. What…
2Cases cited6 opinions
- National Bank v. HallSupreme Court of the United States · 1880
- Utley v. DonaldsonSupreme Court of the United States · 1877
- Hartford & New Haven Railroad v. JacksonSupreme Court of Connecticut · 1856
- Turner v. WebsterSupreme Court of Kansas · 1880
- Norris v. School District No. 1Supreme Judicial Court of Maine · 1835
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- United States Coal Co. v. PinkertonCourt of Appeals for the Sixth Circuit · 1909
- Massachusetts Bonding & Ins. Co. v. Dallas Joint Stock Land BankCourt of Appeals of Texas · 1929