Jenness v. Wendell
Supreme Court of New Hampshire
Assumpsit, by Job Jenness and others against Henry F. Wendell on an account annexed, and for goods sold and delivered. Subject to the defendant’s exception, the plaintiff was allowed to amend by adding a count for goods bargained and sold. June -3d, 4th, and 5th, 1862, the plaintiffs sold at auction-the furniture in tlieir hotel at Rye Beach, and their stable stock used in connection with the hotel. One Walker was the auctioneer.
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Assumpsit, by Job Jenness and others against Henry F. Wendell on an account annexed, and for goods sold and delivered. Subject to the defendant’s exception, the plaintiff was allowed to amend by adding a count for goods bargained and sold. June -3d, 4th, and 5th, 1862, the plaintiffs sold at auction-the furniture in tlieir hotel at Rye Beach, and their stable stock used in connection with the hotel. One Walker was the auctioneer. The terms of the auction were cash on delivery. The defendant bid off stable stock to the amount of $163.50, which was taken away by the defendant at the time of…
1Opinion of the Court
SáRGent, J.
It seems to have been questio vexata, when an estate (real) was sold by auction in separate lots, and the same person became the purchaser of several lots, whether a distinct contract arose as to each, or whether there was but one contract as to the whole. But the better opinion appears to be, at least at law, that a distinct contract is created as to each lot, — though it would be otherwise when a written contract is afterwards entered into and signed for the purchase of several lots at an aggregate price. Chitty on Con. 298; Johnson v. Johnson, 3 B. & P. 169; Roots v. Lord…
2Cases cited5 opinions
- Mills v. HuntNew York Supreme Court · 1838
- Van Eps v. Mayor of SchenectadyNew York Supreme Court · 1815
- Coffman v. HamptonSupreme Court of Pennsylvania · 1841
- Vincent v. GermondNew York Supreme Court · 1814
- Barclay v. TracySupreme Court of Pennsylvania · 1842
3Cited by1 opinion
- Smart v. BatchelderSupreme Court of New Hampshire · 1876