58 A.2d 207 | N.H. | 1948
The memorandum signed by the defendant, Oliver W. Priest, fulfills all the requirements of a valid memorandum for the sale of land. R.L., c. 383, s. 1; Dunlap v. Foss,
Nor do the defendants' contentions that the memorandum was merely an offer which was withdrawn before acceptance impress us. The unchallenged finding of the master is that the promise of the defendant to sell was given in exchange for the plaintiff's promise to buy, and that twice within the time stipulated the plaintiff tendered the agreed price which the defendant Priest refused. It is fundamental that mutual promises furnish adequate consideration for each other. Makowiec v. Insurance Company,
The defendant McIntire Enterprises, Inc. purchased with actual as well as constructive knowledge of the agreement, which the trier of facts found reasonable and equitable, and consequently at its peril. Under similar circumstances it has been held that such a purchaser may be ordered to convey his interest directly to the injured *67
plaintiff. Hickey v. Dole, supra. See also, Mansfield v. Hodgdon,
Although the plaintiff has no equitable rights against the defendant Mary Priest who was not a party to the transactions with the plaintiff, conveyance by the defendant company will result in no unjust enrichment of the plaintiff, since the defendant Oliver Priest undertook to convey "free of all incumbrances except 1946 taxes." This was an undertaking to convey free of his wife's inchoate right of dower. Fitts v. Hoitt,
It is unnecessary to decide here whether the defendants have any rights against each other as a result of this transaction, and no opinion is intended to be expressed concerning this.
Case discharged.
All concurred.