Buel v. Miller

Superior Court of New Hampshire

Buel v. Miller

4 N.H. 196

CourtSuperior Court of New Hampshire

DecidedOctober 15, 1827

StatusPublished

Cited by1 cases

This text of 4 N.H. 196 (Buel v. Miller) is published on Counsel Stack Legal Research, covering Superior Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Buel v. Miller, 4 N.H. 196 (N.H. Super. Ct. 1827).

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Opinion

By the court.

We have considered this case and are of opinion that executory agreements in writing, not under seal, may, before breach, be discharged and abandoned by a subsequent unwritten agreement, as well in cases wh ere the original contract is required by the statute of frauds to be in writing, as where writing is unnecessary. The law is so laid down in Phillip’s Ev. 444, and seems to be so settled by the cases he cites.

We are therefore of opinion that the verdict must be set aside and a new trial be had.

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By the court.

We have considered this case and are of opinion that executory agreements in writing, not under seal, may, before breach, be discharged and abandoned by a subsequent unwritten agreement, as well in cases wh ere the original contract is required by the statute of frauds to be in writing, as where writing is unnecessary. The law is so laid down in Phillip’s Ev. 444, and seems to be so settled by the cases he cites.

We are therefore of opinion that the verdict must be set aside and a new trial be had.

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Bluebook (online)

4 N.H. 196, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buel-v-miller-nhsuperct-1827.

Opinion

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