Friess v. . Rider
New York Court of Appeals
Appeal from the Supreme Court. The facts on which its decision was based were these: On the 2d day of July, 1854, the plaintiff agreed in writing to sell and convey to the defendant a house and lot, and to deliver the possession of the same to the defendant on the 2d day of April, 1855. In the same contract the defendant agreed to pay the plaintiff, in consideration therefor, the sum of one thousand dollars on the said 2d day of April, 1855. On that day the defendant went to…
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Appeal from the Supreme Court. The facts on which its decision was based were these: On the 2d day of July, 1854, the plaintiff agreed in writing to sell and convey to the defendant a house and lot, and to deliver the possession of the same to the defendant on the 2d day of April, 1855. In the same contract the defendant agreed to pay the plaintiff, in consideration therefor, the sum of one thousand dollars on the said 2d day of April, 1855. On that day the defendant went to the house of the plaintiff with one thousand dollars for the purpose of making payment, and the plaintiff was not then…
1Opinion of the CourtAllen, J.
The plaintiff not being in a condition to perform the contract on his part on the day fixed for that purpose, the defendant being ready and offering to perform, for the convenience and at the request of 'the plaintiff, perfórmance on that day was waived by the. parties and the time extended until the next day at one o’clock; and a place for the performance was agreed upon by paroi.
This paroi extension was valid and operated to continue to the parties all their rights under the contract over to the time fixed for its final performance. Every other stipulation in the contract remained in full…
2Cases cited9 opinions
- Fleming v. GilbertNew York Supreme Court · 1808
- Delacroix v. BulkleyNew York Supreme Court · 1834
- Gould v. Banks & GouldNew York Supreme Court · 1832
- Allen v. CrofootNew York Supreme Court · 1827
- Esmond v. Van BenschotenNew York Supreme Court · 1852
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3Cited by16 opinions
- Duffy v. . O'DonovanNew York Court of Appeals · 1871
- Marshall v. GilsterIdaho Supreme Court · 1921
- Cythe v. La FontainNew York Supreme Court · 1868
- Hinds v. KelloggNew York Court of Common Pleas · 1891
- Dalton v. CallahanSupreme Judicial Court of Maine · 1923
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