Harris v. Rounsevel
Supreme Court of New Hampshire
Assumpsit, for the non-delivery of about eight thousand pounds of wool, for the sale of which by the defendant to the plaintiffs an oral contract was made at forty cents a pound. Facts agreed. The contract was made in Claremont, where the wool was. The plaintiffs offered the defendant, in part payment, a check for $1,000 on Minot & Co., of Concord, who had several thousand dollars of the plaintiffs’ money on deposit.
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Assumpsit, for the non-delivery of about eight thousand pounds of wool, for the sale of which by the defendant to the plaintiffs an oral contract was made at forty cents a pound. Facts agreed. The contract was made in Claremont, where the wool was. The plaintiffs offered the defendant, in part payment, a check for $1,000 on Minot & Co., of Concord, who had several thousand dollars of the plaintiffs’ money on deposit. The defendant declined to receive the check for the reason that he had no use for a part of the price. The whole price was to' be paid as soon as the wool could be weighed, and…
1Opinion of the CourtDob, C. J.
Sending the sacks for the wool was a preparation made by the plaintiffs for completing the purchase. Tlie preparation was not beneficial to the defendant, was not a service for the payment of which his promise can be implied from the facts stated, and was not one of the statutory conditions that would give validity to the contract of sale. G. L., e. 220, s. 16; C. A. Association v. B. & M. Railroad, 59 N. H. 312, 314. Notice may generally be waived. Lyman v. Littleton, 50 N. 42. In legal proceedings, a party may waive an objection by not presenting it seasonably. State v. Richmond, 26 N. H.…
2Cases cited1 opinion
- Cocheco Aqueduct Ass'n v. Boston & Maine R. R.Supreme Court of New Hampshire · 1879