Kettletas v. Fleet
New York Supreme Court
Assumpsit, for 1001, the price of a slave sold to the defendant by the plaintiff. Plea, the general issue, with special notice of the matter of the defence.
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Assumpsit, for 1001, the price of a slave sold to the defendant by the plaintiff. Plea, the general issue, with special notice of the matter of the defence. The defendant, under the special notice, offered to prove, that in the year 1806, the slave was sold to him for life; that in 1804, previous to the sale, the plaintiff had executed, under his seal, a certain covenant, by which he bound himself to manumit the slave after the expiration of eight years, if, during that time, he conducted himself faithfully; that as soon as this covenant came to his knowledge, he tendered the slave to the…
1Opinion of the CourtVan Ness, J.
The plaintiff had a right to transfer the slave for six years, at least.
*53The defendant’s counsel contended that, in this action, the plaintiff was seeking a specific performance of the original contract, and the question, under the defence, was, whether the court would compel the defendant to complete that contract. On this subject, this court and the court of chancery act on the same principles. A person might sell a fee-simple in real estate; he might have some title, a lease for life, for years, or a conditional fee, or an estate subject to incumbrances; all these might be guarded by…
2Cases cited2 opinions
- Wells v. LaneNew York Supreme Court · 1812
- In the Case of TomNew York Supreme Court · 1810