Holmes v. . Holmes
New York Court of Appeals
This action was commenced in the supreme court in July, 1850. The complaint sets out an agreement under seal, made January 10, 1850, by which the defendant covenanted to sell the plaintiff his farm for $70 per acre ; and that he would “ on the first day of May next, at the county clerk’s office in the town of Poughkeepsie, between the hours of eight o’clock A. M. and six P. M.,” on receiving from the plaintiff the sum of $70 per acre, $6000 of the price in a bond and…
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This action was commenced in the supreme court in July, 1850. The complaint sets out an agreement under seal, made January 10, 1850, by which the defendant covenanted to sell the plaintiff his farm for $70 per acre ; and that he would “ on the first day of May next, at the county clerk’s office in the town of Poughkeepsie, between the hours of eight o’clock A. M. and six P. M.,” on receiving from the plaintiff the sum of $70 per acre, $6000 of the price in a bond and mortgage and the residue in cash, execute a proper conveyance for conveying and assuring the land mentioned to the plaintiff,…
1Opinion of the Court
Gardiner, Oh. J.,
delivered the opinion of the court.
The exception taken, it will be perceived, presents a mere question of pleading. It virtually admits that the evidence was such as to authorize the presumption that the formalities of a legal tender were dispensed with by the assent of the parties, but it insists that this evidence was inadmissible under the complaint, which in terms avers a tender in fact.
The covenants' between these parties, it is to be observed, were dependent. The plaintiff, who was the purchaser, bound himself among other things to pay the sum specified in the agreement…
2Cases cited4 opinions
- Baldwin v. MunnNew York Supreme Court · 1829
- Jewell v. SchroeppelNew York Supreme Court · 1825
- Philips & Butler v. RoseNew York Supreme Court · 1811
- Freeman v. AdamsNew York Supreme Court · 1812
3Cited by11 opinions
- Woolner v. . HillNew York Court of Appeals · 1883
- Gans v. WoolfolkMontana Supreme Court · 1876
- Schultz v. O'RourkeMontana Supreme Court · 1896
- Smith v. . PoillonNew York Court of Appeals · 1882
- Glenn v. RosslerNew York Supreme Court · 1895
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