Flynn v. McKeon
The Superior Court of New York City
Appeal from a .judgment entered in favor of the plaintiffs, upon a verdict for the sum of $437.61. The action was brought upon the following contract:— “ Articles of agreement made and entered into the 27th day of October, one thousand eight hundred and fifty-four, between Mathew McKeon, of New Brighton, Richmond County, State of New York, of the first part, and Thomas Flynn, mason, of the second part, in manner following: the said party of the first part, in consideration…
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Appeal from a .judgment entered in favor of the plaintiffs, upon a verdict for the sum of $437.61. The action was brought upon the following contract:— “ Articles of agreement made and entered into the 27th day of October, one thousand eight hundred and fifty-four, between Mathew McKeon, of New Brighton, Richmond County, State of New York, of the first part, and Thomas Flynn, mason, of the second part, in manner following: the said party of the first part, in consideration of the sum of two hundred and fifty dollars to Kim duly paid, hereby agrees to sell unto the said party of the second…
1Opinion of the Court
By the Court. Oakley, Ch. J.
The view we have taken of the case will dispense with any minute examination of many points made by the parties.
The written agreement between them provided that possession should be given on the 1st, and the deed delivered by McKeon, the defendant, on the 15th of November, 1854. It was dated the 27th of October of that year. Two hundred and fifty dollars were paid down by the plaintiff, and he was to pay $950 more upon the delivery of the deed.
In the first place, we consider it fully settled, that even upon a contract under seal fixing a period for performance,…
2Cases cited1 opinion
- Wells v. SmithNew York Court of Chancery · 1837
3Cited by12 opinions
- Thomson v. . PoorNew York Court of Appeals · 1895
- Meehan v. WilliamsNew York Court of Common Pleas · 1868
- Clarke v. MeigsThe Superior Court of New York City · 1863
- Darrow v. CornellAppellate Division of the Supreme Court of the State of New York · 1898
- Meehan v. WilliamsNew York Court of Common Pleas · 1868
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