Tompkins v. . Hyatt
New York Court of Appeals
Appeal from the Supreme Court. The leading facts in the case are, that on the 8th of December, 1847, Joseph R. Hyatt made an agreement in writing with Columbus W. Seeley for the sale of four acres of land, with the buildings thereon, in Yorktown, Westchester county, for the sum of $5000, as follows: $3000 to be paid on the 1st day of April, 1848, and $2000 by “suffering the premises to remain mortgaged as they now are to Seth Whitney for $2000.” Hyatt, died on the 24th of…
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Appeal from the Supreme Court. The leading facts in the case are, that on the 8th of December, 1847, Joseph R. Hyatt made an agreement in writing with Columbus W. Seeley for the sale of four acres of land, with the buildings thereon, in Yorktown, Westchester county, for the sum of $5000, as follows: $3000 to be paid on the 1st day of April, 1848, and $2000 by “suffering the premises to remain mortgaged as they now are to Seth Whitney for $2000.” Hyatt, died on the 24th of March, 1848, leaving children, some, of them infants, and the agreement unexecuted. George E. L. Hyatt administered, and…
1Opinion of the CourtRosekrans, J.
The plaintiff should have been compelled specifically to perform the contract between Joseph R. Hyatt and Seeley, the plaintiff’s assignor, instead of being allowed to recover the payments made upon and' in pursuance of the contract, as if the contract had been rescinded. The ground upon which the decision appealed from was made, relieving the purchaser and his assigns from the obligation to perform the contract, and allowing the plaintiff to recover such payments and the value' of improvements made upon the premises by the purchaser, was the delay on the part of the heirs of the vendor to…
2Cases cited4 opinions
- Waters v. TravisCourt for the Trial of Impeachments and Correction of Errors · 1812
- More v. SmedburghNew York Court of Chancery · 1841
- Viele v. . the Troy and Boston Railroad CompanyNew York Court of Appeals · 1859
- Wadhams v. American Home Missionary SocietyNew York Court of Appeals · 1855
3Cited by14 opinions
- Riggs v. . PursellNew York Court of Appeals · 1876
- Schiffer v. . DietzNew York Court of Appeals · 1881
- Dunn v. MillsSupreme Court of Kansas · 1905
- L. Heller & Son, Inc. v. Lassner Co.Appellate Division of the Supreme Court of the State of New York · 1925
- Woodward v. Van HoySupreme Court of Missouri · 1870
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