Nelson v. Hall
Supreme Court of New Hampshire
Bill in Equity, to foreclose a mortgage of a farm. Facts found by a referee. August 6, 1877, about a week before his death, the testator, Nelson, owning the farm, and living upon it, made an oral bargain with the defendants to sell it to them for $1,800. The bargain was made at his house, where he was confined by his last sickness. Nelson pointed out such boundary lines as were in sight, and correctly described another line that was in the woods out of sight.
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Bill in Equity, to foreclose a mortgage of a farm. Facts found by a referee. August 6, 1877, about a week before his death, the testator, Nelson, owning the farm, and living upon it, made an oral bargain with the defendants to sell it to them for $1,800. The bargain was made at his house, where he was confined by his last sickness. Nelson pointed out such boundary lines as were in sight, and correctly described another line that was in the woods out of sight. Mr. Hall went over the farm and on the lines thus pointed out, and then on another line which he supposed was the described boundary in…
1Opinion of the CourtFoster, J.
In Murray v. Whitcomb, 58 N. H. 50, the answer was, that the vendor did not convey to the defendants what he agreed to convey. In this case, Nelson combed to the defendants all he agreed to sell, and all he could sell, but less than they agreed to buy. By reason of a misunderstanding of the location of a boundary line, the minds of the parties did not meet, and there was no irrevocable contract. But upon the misunderstanding, and without any fault on either side, Nelson delivered to the defendants a deed, by which the title of the whole of his farm passed to them; and as his agreement was to…
2Cases cited3 opinions
- Morrill v. HoveySupreme Court of New Hampshire · 1879
- Towle v. LawrenceSupreme Court of New Hampshire · 1880
- Murray v. WhitcombSupreme Court of New Hampshire · 1876
3Cited by2 opinions
- Clark v. SanbornSupreme Court of New Hampshire · 1895
- Willson v. LegroSupreme Court of New Hampshire · 1909