Lane v. Shackford
Superior Court of New Hampshire
Assumpsit. There were three general counts, for money had and received, upon an account annexed to the writ, and for land sold and conveyed.
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Assumpsit. There were three general counts, for money had and received, upon an account annexed to the writ, and for land sold and conveyed. There was also a special count, stating in substance, that in consideration the plaintiff had agreed to convey to the defendant a certain tract of land in Pierey, and pay the defendant $19, and also perform for him certain labor, and deliver to hiin a pair of steers ; the defendant promised the plaintiff to convey to him a certain tract of land in Chester, with an averment of performance on the part of the plaintiff, and of a neglect and refusal on the…
1Opinion of the Court
By the court.
There are several reasons why the plaintiff should not have judgment on the last count in his declaration upon the facts stated, but we shall mention only one.
It is provided by statute in this state, that no action *132shall be maintained upon any contract or sale of lands, unless the agreement upon which such action shall be brought, be in writing and signed by the parties to be charged, or their agents. As it does not appear that there was. in this case a written contract for the sale of the.land mentioned in the fourth count, the evidence, even if it had shown the contract…
2Cases cited4 opinions
- Davenport v. MasonMassachusetts Supreme Judicial Court · 1818
- M'Menomy v. FerrersNew York Supreme Court · 1808
- Greenby v. CheeversNew York Supreme Court · 1812
- Sherburne v. FullerMassachusetts Supreme Judicial Court · 1809
3Cited by4 opinions
- Collier v. CoatesNew York Supreme Court · 1854
- Holbrook v. ArmstrongSupreme Judicial Court of Maine · 1833
- Ayer v. HawkesSuperior Court of New Hampshire · 1840
- Folsom v. Great Falls Man. Co.Superior Court of New Hampshire · 1838