34 A. 741 | N.H. | 1894
There was no failure of consideration. The plaintiffs received all they bargained and paid for (Davis v. Bryan, 6 B. C. 651), viz., the right to cut all the pine and oak timber on the farm that they chose to cut before April 1, 1891. It is immaterial that by the contract no property in the standing timber passed to the plaintiffs (Kingsley. Holbrook,
Judgment for the defendant.
SMITH, J., did not sit: the others concurred. *200