Holmes v. Gregg

Supreme Court of New Hampshire

Holmes v. Gregg

34 A. 154, 66 N.H. 621

DecidedDecember 5, 1889

StatusPublished

This text of 34 A. 154 (Holmes v. Gregg) is published on Counsel Stack Legal Research, covering Supreme 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

Holmes v. Gregg, 34 A. 154, 66 N.H. 621 (N.H. 1889).

Pincite

Opinion

Doe, C. J.

The defendants rightfully inspected and measured the lumber before determining to accept or reject it. Benj. Sales, 88. 918, 1042, 1049-1051, 1342, 1343, 1348-1350. Without an express stipulation that the contract was or was not entire, the parties might have understood that it was severable in such a sense that the defendants could accept the lots that conformed to the contract, and reject the rest. In the general finding for the defendants there is no error of law.

Judgment for the defendants.

Allen, J., did not sit: the others concurred.

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Doe, C. J.

The defendants rightfully inspected and measured the lumber before determining to accept or reject it. Benj. Sales, 88. 918, 1042, 1049-1051, 1342, 1343, 1348-1350. Without an express stipulation that the contract was or was not entire, the parties might have understood that it was severable in such a sense that the defendants could accept the lots that conformed to the contract, and reject the rest. In the general finding for the defendants there is no error of law.

Judgment for the defendants.

Allen, J., did not sit: the others concurred.

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Bluebook (online)

34 A. 154, 66 N.H. 621, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holmes-v-gregg-nh-1889.