Moore v. Ross
Superior Court of New Hampshire
Assumpsit. -'The declaration contained four counts. The first count alleged, that on the first day of September, 1824, the plaintiff and one Edward Pickett made an agreement with the defendant, by which they were to take a piece of land of him, to sow upon shares.
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Assumpsit. -'The declaration contained four counts. The first count alleged, that on the first day of September, 1824, the plaintiff and one Edward Pickett made an agreement with the defendant, by which they were to take a piece of land of him, to sow upon shares. The defendant was to furnish one half the seed, and they were to furnish the other half, and were to do all the labor, to fence the land, thresh the grain, and deliver one half of it to the defendant, and divide the other half equally between them. The declaration then alleged that afterwards they sowed the land, and furnished one…
1Opinion of the Court
Gilchrist, J.*
Most of the questions raised by the exceptions depend on the nature of the last contract made between the plaintiff and the defendant.
The contract originally made between the plaintiff and Pickett on the one side, and the defendant on the other, is free from any doubt. They were to furnish a part of the seed, to sow the land, harvest the crop, and deliver one half of it to the defendant. Without enquiring, at present, into the interest, if any, which this contract gave them in the land, the first question which presents itself, is, as to the nature of the claim now made by the…
2Cases cited8 opinions
- Ford v. MonroeNew York Supreme Court · 1838
- Smith v. JonesNew York Supreme Court · 1818
- Hess v. FoxNew York Supreme Court · 1833
- Frear v. HardenberghNew York Supreme Court · 1810
- Davis v. HaydenMassachusetts Supreme Judicial Court · 1813
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Robert Breest v. Everett I. Perrin, Jr., Warden, New Hampshire State Prison, Frederick J. Martineau v. Richard T. McCarthy Etc.Court of Appeals for the First Circuit · 1981
- Breest v. PerrinDistrict Court, D. New Hampshire · 1980