Freeman v. Headley
Supreme Court of New Jersey
This was an action on the case, and was tried in October,. 1864, before the Circuit Court of the county of Morris. It appeared from the evidence, that the defendant agreed, by parol, to purchase a small lot of land, upon which stood a building of the plaintiff; that a deed was prepared, but before it was delivered, the defendant sent to the plaintiff and asked his permission to take down this building. Such consent was given.
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This was an action on the case, and was tried in October,. 1864, before the Circuit Court of the county of Morris. It appeared from the evidence, that the defendant agreed, by parol, to purchase a small lot of land, upon which stood a building of the plaintiff; that a deed was prepared, but before it was delivered, the defendant sent to the plaintiff and asked his permission to take down this building. Such consent was given. The plaintiff, who was a witness in his own-behalf, thus stated this fact: he says, a Mr. N. came to him and stated “that Headley told him to call on me and ask me if I…
1Opinion of the Court
The opinion of the court was delivered by
Beasley, C. J.
The gravamen of this action was the tearing down of a building. At the time the defendant did this act, he was in possession of the premises, under .an agreement by parol for their purchase. It was also proved that such act was done by the permission of the plaintiff. At the trial, the point on which, in this respect, the case was put was, that such permission was conditional, on the taking by the defendant of the property on the terms agreed upon. The judge who presided accordingly charged the jury, that if such was the case” and the…
2Cases cited4 opinions
- Allen v. CrofootNew York Supreme Court · 1830
- Davis v. TownsendNew York Supreme Court · 1851
- Jackson ex dem. Ostrander v. RowanNew York Supreme Court · 1812
- Syron v. BlakemanNew York Supreme Court · 1856