Phelps v. Stillings
Supreme Court of New Hampshire
Assumpsit, on a special count for damages for the breach of an agreement to convey land to the plaintiff, and on the common counts for money received by the defendant from the plaintiff in part payment for the land, and for labor performed and materials furnished in building fence and making repairs of a house on the same land. Pacts found by a referee. The defendant orally agreed to sell the plaintiff a piece of land for $175, to be paid in monthly instalments of $20 each.
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Assumpsit, on a special count for damages for the breach of an agreement to convey land to the plaintiff, and on the common counts for money received by the defendant from the plaintiff in part payment for the land, and for labor performed and materials furnished in building fence and making repairs of a house on the same land. Pacts found by a referee. The defendant orally agreed to sell the plaintiff a piece of land for $175, to be paid in monthly instalments of $20 each. The writing claimed by the plaintiff to be a memorandum of the agreement contained no allusion to the price or time of…
1Opinion of the CourtDob, C. J.
The agreed price was one of the essentials of the contract necessary to be stated in the memorandum. Bro. St. Fr., ■8. 376.
Judgment for the defendant.
Blodg-btt, J., did not sit: the others concurred.
2Cited by3 opinions
- Chellis v. GrimesSupreme Court of New Hampshire · 1903
- Stockwell v. WilliamsSupreme Court of New Hampshire · 1894
- Carpenter v. TinglofSupreme Court of New Hampshire · 1912