Hudson v. Swift
New York Supreme Court
THIS was an action of assumpsit, tried at the Cayugá Circuit, before Mr. Justice Pan JYess. The declaration contained the common counts.
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THIS was an action of assumpsit, tried at the Cayugá Circuit, before Mr. Justice Pan JYess. The declaration contained the common counts. The plaintiff gave in evidence articles of agreement executed by the parties, under their hands and seals,- dated the l°th of August, 1819, by which the defendants agreed to sell and convey to the plaintiff, “ by a good and sufficient warranty deed, ten acres of land, adjoining the land of Elijah Miller on the south, and west on the road leading from auburn to Grover’s settlement, running north along the said road twenty-eight rods, then in an eastern…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court. The plaintiff seeks to recover back 350 dollars, paid by him to the defendants, on the 10th day of August, 1819. On that day, the parties entered into an agreement, under their hands and seals,, whereby the defendants covenanted to convey to the plaintiff ten acres of land, therein mentioned, by a good and sufficient warranty deed, which was to be given, xvithin ninety days from the date of the agreement, provided the plaintiff should pay the defendants nine hundred dollars. The sum sought to be recovered, was paid as part of the…
2Cited by9 opinions
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- Dowdney v. . McCullomNew York Court of Appeals · 1874
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