Lord v. Meader
Supreme Court of New Hampshire
Assumpsit, upon a contract for tbe sale of standing timber. Trial by jury and verdict for tbe plaintiff. Transferred from the June term, 1904, of tbe superior court by Stone, J. Tbe court ruled that tbe contract declared upon was conclusively established by tbe correspondence between tbe parties, and the defendant excepted.
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Assumpsit, upon a contract for tbe sale of standing timber. Trial by jury and verdict for tbe plaintiff. Transferred from the June term, 1904, of tbe superior court by Stone, J. Tbe court ruled that tbe contract declared upon was conclusively established by tbe correspondence between tbe parties, and the defendant excepted. October 19, 1908, tbe plaintiff wrote tbe defendant that be bad bought the timber on a farm adjoining her land in Tamworth, and offered to purchase her place or tbe timber upon it, and pay all be •could afford to. Tbe letter continues: “ If you could agree on tbe price for…
1Opinion of the CourtPabsons, C. J.
The ruling that the evidence as to the letters between the parties conclusively established the contract of sale alleged was erroneous. The plaintiff’s letter of November 5, in which lie says he had examined the defendant’s lot and agrees to take it at her price, was not an unconditional acceptance of the defendant’s offer to sell the timber on the lot. While from the previous correspondence and the whole letter it may be plain that when the plaintiff said he would take the lot he could not be understood to include the land, nevertheless, unless it appeared that when the defendant said “…
2Cases cited1 opinion
- Jackson ex dem. Church v. BrownsonNew York Supreme Court · 1810
3Cited by9 opinions
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- Bell v. Warren Development Corp.Supreme Court of New Hampshire · 1974
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