Towne v. Davis
Supreme Court of New Hampshire
Assumpsit. November 10, 1887, the plaintiff, as administrator of his father’s estate, by virtue of a license from the probate court, sold at public auction a certain lot of hay contained in a barn on the homestead place of the deceased in Boscawen. The sale took place on the premises. The terms of sale set forth in the notice were cash or a bankable note.
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Assumpsit. November 10, 1887, the plaintiff, as administrator of his father’s estate, by virtue of a license from the probate court, sold at public auction a certain lot of hay contained in a barn on the homestead place of the deceased in Boscawen. The sale took place on the premises. The terms of sale set forth in the notice were cash or a bankable note. The auctioneer, in making the sale, asked for bids for the hay by the ton, to be taken and weighed by the purchaser, and the hay was bid off by the defendant. There was nothing in the terms of sale specifying the time when the hay should be…
1Opinion of the CourtClark, J.
The acceptance, receipt, and payment of the price of the hay removed by the defendant was a recognition of the contract of sale, and a sufficient acceptance and receipt of part of the property sold to meet the requirements of the statute of frauds and take the case out of its operation. It is not necessary that the delivery and receipt should accompany the sale. If the receipt of the property, or a part of it, takes place in pursuance of the previous verbal agreement, it is sufficient. It is the fact of delivery and receipt under and in pursuance of the previous agreement of sale, and not the…
2Cases cited1 opinion
- Townsend v. HargravesMassachusetts Supreme Judicial Court · 1875
3Cited by6 opinions
- Idaho Implement Co. v. LambachIdaho Supreme Court · 1909
- Austin v. WelchCourt of Appeals of Texas · 1903
- Elliott v. PopeIdaho Supreme Court · 1926
- Barry v. Bank of New Hampshire, National Ass'nSupreme Court of New Hampshire · 1972
- Hart v. Boston & Maine RailroadSupreme Court of New Hampshire · 1903
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