Benton v. Goodale
Supreme Court of New Hampshire
Benton v. Goodale, 30 A. 1117 (N.H. 1890)
66 N.H. 424
Allen, Bingham
Benton v. Goodale
Opinion of the Court
The defendant was entitled to one dollar and no more “ for advertising ” all the lands included in a single advertisement, and the plaintiff was holden to pay no more than “ his just proportion ” of the defendant’s fees. G. L., c. 58, s. 15 ; c. 59, ss. 16, 17. The plaintiff’s payment of more than his share was not voluntary. He was compelled to pay what the defendant demanded to prevent a sale. An action of debt for the penalty prescribed by Gen. Laws, c. 59, s. 18, was not the only remedy. Cardigan v. Page, 6 N. H. 182, 193.
Judgment for the plaintiff.
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