5 N.H. 374
Superior Court of New Hampshire
Decided April 15, 1831
Superior Court of New Hampshire · decided 1831-04-15
Assumpsit. The declaration alleged, that on the 26th March, 1826, the plaintiff conveyed to the defendant, a tract of land in Winchester, in this county, in fee… Held: in courts of equity, that the statute does not apply. And there may be cases, where a court of law, in the absence of a court of equity, might sustain an action for money had and received, to recover back any money paid under such a contract, or an action for work and materials, where repairs had been made.
Cited by 1 later decisions — most recently December 1877
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1831-04-15
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¶1We are all of opinion, that, the evidence in this case was properly rejected. It was clearly a contract for the sale of land, and not being in writing, no action can be maintained upon it. 2 Starkies, 598—601 ; 5 B. & C. 829, Evans v. Roberts; 5 Cowen, 162, Van Alstine v. Wimple; Newland 182; 3 Vesey, 38, note; 2 Starkies, N. P. C. 379, Thompson v. Wilson; 7 Taunton, 157, Hoby v. Roebuck; 2 Taunton, 38, Emerson v. Heelis; 6 Cowen, 445, Gale v. Nixon.
¶2Judgment on the verdict.