Leavitt v. Fletcher
Supreme Court of New Hampshire
Assumpsit, against a surviving partner of Fletcher & Royce. May 12, 1879, the plaintiff had a black horse at Manchester, and his claim was that on that day he made a contract with Royce, a member (now deceased) of the firm of Fletcher & Royce, by which the firm were either to give the plaintiff for his horse $225 in money, or a certain brown horse and $100, or send the black horse to the plaintiff at Portsmouth by railroad the next day, May 18. The defendant denied that any…
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Assumpsit, against a surviving partner of Fletcher & Royce. May 12, 1879, the plaintiff had a black horse at Manchester, and his claim was that on that day he made a contract with Royce, a member (now deceased) of the firm of Fletcher & Royce, by which the firm were either to give the plaintiff for his horse $225 in money, or a certain brown horse and $100, or send the black horse to the plaintiff at Portsmouth by railroad the next day, May 18. The defendant denied that any such contract was made, and claimed that the only agreement made by Royce was to deliver the black horse at C.’s stable…
1Opinion of the CourtStanley, J.
The defendant agreed to pajr for the horse, or return it the next day. He did not return it. He was therefore bound by his agreement to pay for it, unless, for sufficient cause, he rescinded it, and returned the horse within a reasonable time in substantially the same condition it was in when he received it. Whether it was then in the same condition, was a question raised in the case. This was one of the essential elements of recision, and was excluded by the instructions requested. They were therefore properly refused. Under the instructions requested, the jury would have been erroneously…
2Cases cited12 opinions
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Beers v. Housatonuc Rail-roadSupreme Court of Connecticut · 1849
- Thornton's Executors v. Thornton's HeirsSupreme Court of Vermont · 1866
- Doughty v. . HopeNew York Court of Appeals · 1847
- Vaughan v. PorterSupreme Court of Vermont · 1844
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