Bostwick v. Leach
Supreme Court of Connecticut
MOTION for a new trial. This was an action of assumpsit. The declaration stated, that the plaintiff was the owner of a grist-mill; and the defendant, having it in contemplation to build one within a short distance, and being desirous of procuring materials for it, as well as of securing to it, when built, the custom of such persons as usually went for grinding to the plaintiff’s mill, proposed to the plaintiff that he should stop his mill on the first day of January then…
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MOTION for a new trial. This was an action of assumpsit. The declaration stated, that the plaintiff was the owner of a grist-mill; and the defendant, having it in contemplation to build one within a short distance, and being desirous of procuring materials for it, as well as of securing to it, when built, the custom of such persons as usually went for grinding to the plaintiff’s mill, proposed to the plaintiff that he should stop his mill on the first day of January then next, and the defendant would purchase the mill-stones, running geers, bolt, tackling, tools and utensils, which belonged…
1Opinion of the Court
By the Court.
The contract was.not embraced by the statute of frauds and perjuries. When there is a sale of property, which would pass by a deed of land, as such, without any other description, if it can be separated from the freehold, and by the contract is to be separated, sue it contract is not within the statute. Such are the contracts for the purchase of gravel, stones, limbi r trees, and the hoards and brick of houses to be puiled down and carried away.
The agreement not to use his mill, after a certain day, is not within the statute of frauds and perjuries; for this statute contemplates…
2Cited by22 opinions
- Turner v. BrocatoCourt of Appeals of Maryland · 1973
- Owens v. LewisIndiana Supreme Court · 1874
- Bunnel v. Taintor's administratorSupreme Court of Connecticut · 1823
- Hall v. SolomonSupreme Court of Connecticut · 1892
- Maguire v. KieselSupreme Court of Connecticut · 1913
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