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The plaintiff seeks to recover the value of the fixtures on the ground of a failure of consideration. This is not a case of a payment made upon a legal consideration which has wholly failed, and may therefore be recovered back. Leach v. Tilton,
40 N.H. 473 ,475 . There was no separate valuation of the fixtures, and no offer to return them. Weeks v. Robie,42 N.H. 316 . The contract was entire, and has never been rescinded, and the action cannot be maintained. Way v. Cutting,17 N.H. 450 ; Miner v. Bradley, 22 Pick. 457; Clark v. Baker, 5 Met. 452; Bassett v. Percival, 5 Allen 345.Judgment for the defendant.
ALLEN, J., did not sit: the others concurred.
Document Info
Citation Numbers: 62 N.H. 62
Judges: CLARK, J.
Filed Date: 6/5/1882
Precedential Status: Precedential
Modified Date: 1/12/2023