Benson v. Cromwell
New York Supreme Court
Appeal from judgment entered upon the report of a referee, of dismissal of the complaint, and for damages against the plaintiff. The action was for specific performance. The complaint alleged that the parties had agreed to exchange certain parcels of real estate, setting out the agreement.
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Appeal from judgment entered upon the report of a referee, of dismissal of the complaint, and for damages against the plaintiff. The action was for specific performance. The complaint alleged that the parties had agreed to exchange certain parcels of real estate, setting out the agreement. By this agreement, it appeared that the defendant had covenanted that the property ■which he gave in the exchange was “ to be conveyed subject to mortgages not to exceed $4,000 on each house and lot, with interest from May 1, 1855, to be assumed by said Benson” (the plaintiff) “ as a ;part of the…
1Opinion of the Court
By the Court.
Mitchell, J. The plaintiff agreed to ex*85change real estate—Cromwell to convey his, “ subject to* mortgages not to exceed $4,000 on each house and lot, with interest from Hay 1, 1855, to be assumed by Benson as part of the consideration money. There were mortgages then on C.’s property; before the time for the completion of the exchange, he removed those and substituted others.
When the time for the exchange of papers came, the counsel for Benson objected: that Benson should not assume these mortgages ; that they were made payable on the first of November; and that if he did,…
2Cases cited2 opinions
- Hall v. NelsonNew York Supreme Court · 1856
- Kundolf v. ThalheimerNew York Supreme Court · 1854
3Cited by1 opinion
- Davis v. . SpencerNew York Court of Appeals · 1862