Houghton v. Owen
Supreme Court of New Hampshire
Appeal, from a commissioner of insolvency, to recover a balance of §784.40, money paid by the plaintiff to the deceased. Facts found by a referee. In the fall of 1871 the plaintiff contemplated the erection of a hotel at Lebanon.
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Appeal, from a commissioner of insolvency, to recover a balance of §784.40, money paid by the plaintiff to the deceased. Facts found by a referee. In the fall of 1871 the plaintiff contemplated the erection of a hotel at Lebanon. The deceased was a manufacturer of brick, and it was the understanding between him and the plaintiff that he was to furnish the plaintiff with whatever brick were wanted for that purpose at §8 per M. No definite number was agreed upon, nor was it then determined whether the building would be of brick or of wood, though the expectation was that it would be of brick.…
1Opinion of the CourtClark, J.
Tbe contract between tbe plaintiff and tbe defendant’s intestate, G., was, that G. would furnish tbe plaintiff what brick be might want to use in tbe erection of a hotel be then contemplated building, at tbe price of eight dollars per thousand. There was no other agreement as to the quantity of brick to be delivered. Under this arrangement the plaintiff advanced the sum of $1,200, both parties at that time supposing that the quantity of brick wanted by the plaintiff would amount to more than that sum ; but there was no agreement that G. should furnish, or the plaintiff receive, brick to that…
2Cases cited2 opinions
- Towle v. RoweSupreme Court of New Hampshire · 1878
- Ramsey v. FellowsSupreme Court of New Hampshire · 1879