Bennet v. Executors of Pixley
New York Supreme Court
-THIS was an action of covenant. The declaration 3tated, that the testator, on 22d Februar9, 1802, at Chenango, &c. by his certain writing obligatory, sealed, See. pro* mised and agreed with plaintiff, in consideration of 400 dollars to him paid, to convey to the plaintiff, on or before the 1st day of December then next, one certain lot of land ... in Nanticoke, the same to be appraised by G. Storer and Elijah Higbe; and if said lot of land should be appraised over the sum…
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-THIS was an action of covenant. The declaration 3tated, that the testator, on 22d Februar9, 1802, at Chenango, &c. by his certain writing obligatory, sealed, See. pro* mised and agreed with plaintiff, in consideration of 400 dollars to him paid, to convey to the plaintiff, on or before the 1st day of December then next, one certain lot of land ... in Nanticoke, the same to be appraised by G. Storer and Elijah Higbe; and if said lot of land should be appraised over the sum of 400 dollars, &c. same was to be made up to the testator, and if it was appraised under 400 dollars, the sum which it…
1Per curiam
The two principal objections to the declaration in this case are, 1. That the plaintiff has not averred that the lands were appraised, or that he was ready to pay the overplus moneys (if any) upon such appraisement j 2. That the land is not described with the requisite certainty.
There does not appear to be sufficient weight in either of these objections.
1. Assuming that there was a covenant on the part of the plaintiff, to pay for the amount of the appraisement beyond the 400 dollars, yet it only went to a part of the consideration, and the rule is settled, that where mutual covenants go only…
2Cited by13 opinions
- Pickens v. BozellIndiana Supreme Court · 1858
- Turner v. MellierSupreme Court of Missouri · 1875
- Perrine's Executors v. PerrineSupreme Court of Alabama · 1860
- Butler v. MannySupreme Court of Missouri · 1873
- Evans v. HarrisNew York Supreme Court · 1853
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