60 N.H. 36 | N.H. | 1880
The memorandum required by the statute of frauds must contain all the essential terms of the contract, or a reference to something from which they can be ascertained. Williams v. Morris,
It is urged that the memorandum shows an agreement by the defendant to construct buildings of some kind, and it is presumed that the parties intended he should erect such buildings as he thought proper. This is refuted by the plaintiff's allegations and evidence. They did not intend to bind him to accept a lease of any buildings the defendant chose to erect, for whatever purpose adapted, and pay an annual rent of six per cent, upon their cost however expensively constructed. If the defendant had undertaken to perform the contract as he understood it, the plaintiff might have refused to accept a lease on the ground that the buildings were not such as he understood were to be erected. This risk the defendant was not bound to assume. The statute was designed to avert such controversies by requiring written evidence.
Judgment for the defendant.
Stanley, J., did not sit: the others concurred.