Pitkin v. Noyes
Supreme Court of New Hampshire
Assumpsit, for not delivering potatoes in 1864, which defendant agreed to sell to plaintiffs. James A. Pitkin, Lovering and others were partners engaged in the manufacture of starch at Colebrook until James A. Pitkin died, in the summer of 1863. After his death the business was carried on by his executors and the surviving partners.
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Assumpsit, for not delivering potatoes in 1864, which defendant agreed to sell to plaintiffs. James A. Pitkin, Lovering and others were partners engaged in the manufacture of starch at Colebrook until James A. Pitkin died, in the summer of 1863. After his death the business was carried on by his executors and the surviving partners. In the spring of 1863 James A. Pitkin, as partner, made a verbal bargain with the defendant that, in that year, the defendant should raise three acres of potatoes and deliver them at the starch mill for twenty cents a bushel. Uponcthe question whether the bargain…
1Opinion of the CourtBellows, J.
If the bargain in the spring of 1863 rvas for the potatoes of that year, and also for the year 1864, it would be within the statute of frauds, as to the potatoes of the last year at least, as an agreement not to be performed in one year. Emery v. Smith, 46 N. H. 151. The question then is, whether a valid agreement for the crop of 1864 was made in January of that year; and we propose to inquire in the first place whether such a contract as is stated in the testimony of the plaintiff is to be regarded as a contract for work, labor and materials, or a contract of sale of the crop of potatoes. If…
2Cases cited16 opinions
- Union Bank of Georgetown v. GearySupreme Court of the United States · 1831
- Todd v. Dowd's heirsCourt of Appeals of Kentucky · 1858
- Downs & Skillinger v. RossNew York Supreme Court · 1840
- Sewall v. FitchNew York Supreme Court · 1828
- Atwater v. HoughSupreme Court of Connecticut · 1861
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