Journey v. Hunt
Supreme Court of New Jersey
This was an action brought by Journey against Hunt, which was tried at Essex Nisi Prius, in September, 1793, before Smith and Chetwood, justices.
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This was an action brought by Journey against Hunt, which was tried at Essex Nisi Prius, in September, 1793, before Smith and Chetwood, justices. The plaintiff’s declaration contained five counts — 1st. On a special agreement, which stated all the circumstances of his case; that an agreement was made in 1790, by which plaintiff undertook to pay defendant £200, when defendant should procure and deliver him a good deed or patent for eight thousand acres of land, lying on the middle fork of,the Monongahela river, in the State of Virginia, which should be good grass land, [236] equal, if not…
1Opinion of the CourtKinsey, C. J.
In arguing.the motion for a non-suit, we were desired, by the counsel, to fix our attention upon the third count in the declaration, which, in substance, is that Hunt, the defendant, in consideration that Journey would buy of him eight thousand acres of land for £200, promised that the land should be good grass land, aud should bear grass equal, if not superior, ,to any land in the State of New Jersey. The breach assigned is, that it was not good grass land, and would not bear grass equal, if not superior, to any in New Jersey.
It has been contended that the proof was variant from the…
2Cases cited3 opinions
- D'Utricht v. MelchorSupreme Court of the United States · 1789
- Sherwood v. SalmonSupreme Court of Connecticut · 1805
- Clark v. HolmesNew York Supreme Court · 1808