New England Box Co. v. Prentiss
Supreme Court of New Hampshire
Bill in Equity, praying for the specific performance of a contract whereby the defendants agreed “ to contract the pine planks on the Richardson lot in Westmoreland, at the market price when sawed, to said Box Company.”
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Bill in Equity, praying for the specific performance of a contract whereby the defendants agreed “ to contract the pine planks on the Richardson lot in Westmoreland, at the market price when sawed, to said Box Company.” The bill alleges, among other things, that the pine on the Richardson lot was to be sawed into planks two and one eighth inches thick, such planks being the only material which the plaintiffs can use in their business; that it is necessary for them to carry a large amount of it in stock, and that they made the contract when and as they did to keep their stock good; that the…
1Opinion of the CourtBingham, J.
In the decision of the questions raised by the demurrer to the bill it is necessary to ascertain the nature of the contract upon which the plaintiffs rely. It appears that in March, 1907, the plaintiffs and the defendants entered into a contract in writing for the purchase and sale of “ all the merchantable two- and-one-eighth-inch white-pine plank on the Fairbanks lots situated in Rockingham, Vt.,” and that in consideration of the above contract the defendants agreed to contract the pine planks on the Richardson lot in Westmoreland, at the market price when sawed, to the plaintiffs. It is…
2Cases cited5 opinions
- Litz v. GooslingCourt of Appeals of Kentucky · 1892
- Fitzpatrick v. . WoodruffNew York Court of Appeals · 1884
- Larmon v. JordanIllinois Supreme Court · 1870
- Stone v. HarmonSupreme Court of Minnesota · 1884
- Barker v. CritzerSupreme Court of Kansas · 1886
3Cited by2 opinions
- Fortner v. WilsonSupreme Court of Oklahoma · 1950
- New England Box Co. v. PrentissSupreme Court of New Hampshire · 1912