Adams v. Wadhams
New York Supreme Court
THIS is an action upon a contract for the sale of lands in the town of Ogden, in the county of Monroe, executed between Abner Adams, of the first part, and John L. Green, of the second part, dated November 5,1847. The complaint, „ after alleging the execution of the contract, sets forth the decease of Abner Adams in the year 1848, and that he left a will whereby he devised the lands in question to the respondents, and made Myron Adams his executor.
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THIS is an action upon a contract for the sale of lands in the town of Ogden, in the county of Monroe, executed between Abner Adams, of the first part, and John L. Green, of the second part, dated November 5,1847. The complaint, „ after alleging the execution of the contract, sets forth the decease of Abner Adams in the year 1848, and that he left a will whereby he devised the lands in question to the respondents, and made Myron Adams his executor. The complaint states that Green entered into possession, and afterwards sold and assigned all his interest in .the contract to the appellant…
1Opinion of the Court
By the Court, James C. Smith, J.
It seems to me difficult, upon the facts found by the referee, to sustain his conclusion that the defendant Wadhams is personally liable for the amount unpaid on the contract between his co-defendant Green and Abner Adams. He finds, simply, that in April, 1855, Wadhams took from Green an assignment of his interest in the contract, and thereupon entered into and continues in possession of the premises. He does not find that Wadhams agreed to pay the moneys thereafter to become due on the contract; and without an agreement to that effect, express *227or implied, I do…
2Cases cited3 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Belmont v. . ComanNew York Court of Appeals · 1860
- Stebbins v. HallNew York Supreme Court · 1859
3Cited by11 opinions
- Hugel v. HabelAppellate Division of the Supreme Court of the State of New York · 1909
- Forbes v. ReynardNew York Supreme Court · 1905
- New York Phonograph Co. v. DavegaAppellate Division of the Supreme Court of the State of New York · 1908
- Paine v. . BrownNew York Court of Appeals · 1867
- Smith v. Morin Bros.Appellate Division of the Supreme Court of the State of New York · 1931
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