Spencer v. Halstead
Court for the Trial of Impeachments and Correction of Errors
Assumpsit, for $200, claimed to be due the plaintiff on a contract for board,, for the quarter ending 1st May, 1843. In March, 1842, the defendant agreed for board for himself and his wife, with the plaintiff, they to occupy certain rooms in her house, for one year from the first of May then next, at $800 a year. No deduction was to be made for absence.
Read the full summary
Assumpsit, for $200, claimed to be due the plaintiff on a contract for board,, for the quarter ending 1st May, 1843. In March, 1842, the defendant agreed for board for himself and his wife, with the plaintiff, they to occupy certain rooms in her house, for one year from the first of May then next, at $800 a year. No deduction was to be made for absence. He did not board with the plaintiff or occupy the rooms during the first quarter, ending 1st of August, 1842; but about the last mentioned day it was agreed that he should pay for that quarter only $100; but for the remaining three quarters of…
1Opinion of the Court
By the Court, Beardsley, J.
The declaration contains two counts on a special contract for board and the use of rooms for a year; but there is no count on a contract for three quarters of a year. As the contract for a year was proved to have been made in March, to commence the succeeding May, and was therefore “ not to be performed within one year from the making thereof,” it was void, not being in writing. (2 R. S. 135, § 2.) So the circuit judge ruled, but'he also held that proof of a very special contract for three quarters of a year, would sustain these counts upon a contract for an entire…
2Cited by1 opinion
- Danley v. WilliamsWisconsin Supreme Court · 1863