Sanger v. Wood
New York Court of Chancery
THE bill stated, that in April, 1812, the plaintiffs and defendant, by purchase at a sheriff’s sale, were tenants in common of a moiety of a grist mill, saw mill, and carding machine, and about 40 acres of leasehold estate adjoining thereto, in lot 98, in Manlius, and the proportions of interest of each were stated in the bill, those of the plaintiffs amounting together to 2,128 dollars, and 48 cents, and that of the defendant to 1,203 dollars, and 50 cents.
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THE bill stated, that in April, 1812, the plaintiffs and defendant, by purchase at a sheriff’s sale, were tenants in common of a moiety of a grist mill, saw mill, and carding machine, and about 40 acres of leasehold estate adjoining thereto, in lot 98, in Manlius, and the proportions of interest of each were stated in the bill, those of the plaintiffs amounting together to 2,128 dollars, and 48 cents, and that of the defendant to 1,203 dollars, and 50 cents. The defendant was owner of the other moiety, and it was agreed that he should take charge of, and demise the estate. On the 1st of…
1Opinion of the Court
The Chancellor.
If the plaintiffs had done nothing to affirm the contract of the 39th of April, 1816, after* the agreement between the defendant and W. Soulden 4* Co. had come to their knowledge, I should have been strongly inclined to relieve them from that contract. It is true, the allegation of fraud, and of any direct and authorized agency, on the part of the defendant, is denied in the answer; and we have no other proof in the case but such as the answer and the documents mentioned in the pleadings afford. But, from those documents, I am induced to think, the defendant was bound to have…
2Cited by29 opinions
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- Connihan v. ThompsonMassachusetts Supreme Judicial Court · 1873
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- Washburn v. Great Western InsuranceMassachusetts Supreme Judicial Court · 1873
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