Legal Opinion

Post v. Gilbert

Supreme Court of Connecticut

Decided April 15, 1876PublishedCited by 7 opinions

Assumpsit for money paid; brought to the Court of Common Pleas of New Haven County, and tried to the court, on the general issue, before Robinson, J. Upon the trial it appeared that the defendant was the owner of certain land on Whalley Avenue in the city of New Haven, and exchanged the same with the plaintiff for certain other real estate; that at.the date of the exchange the avenue had been recently repaired, but no assessment liad been laid therefor upon tlie defendant’s…

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Assumpsit for money paid; brought to the Court of Common Pleas of New Haven County, and tried to the court, on the general issue, before Robinson, J. Upon the trial it appeared that the defendant was the owner of certain land on Whalley Avenue in the city of New Haven, and exchanged the same with the plaintiff for certain other real estate; that at.the date of the exchange the avenue had been recently repaired, but no assessment liad been laid therefor upon tlie defendant’s property; that at the time and as a part of the transaction it was orally agreed by the defendant that if an assessment…

1Opinion of the CourtPardee, J.

In February, 1872, the plaintiff was the owner of a certain piece of real estate which he wished to sell and which the defendant wished to buy. The defendant was then the owner of a piece of land situated on the north side of Whalloy Avenue in the city of New Haven, upon which avenue certain public improvements had just been completed, the cost of which the city proposed to assess upon abutting proprietors ; but the schedule of assessments not having been completed, the defendant did not then know the precise amount *13of Ms tax. The parties agreed upon terms; the plaintiff promised to convey…

2Cases cited4 opinions

  1. Bailey v. BussingSupreme Court of Connecticut · 1859
  2. Collins v. TillouSupreme Court of Connecticut · 1857
  3. Hassinger v. SolmsSupreme Court of Pennsylvania · 1818
  4. King v. TiffanySupreme Court of Connecticut · 1832

3Cited by7 opinions

  1. Lovell v. Hammond Co.Supreme Court of Connecticut · 1895
  2. Hubbard v. EnsignSupreme Court of Connecticut · 1879
  3. Yule v. FellSupreme Court of Iowa · 1904
  4. Pratt v. StonerSupreme Court of Connecticut · 1905
  5. Johnson v. McClureSupreme Court of Minnesota · 1904

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