Grant v. . Johnson
New York Court of Appeals
* Appeal from the general term of the Supreme Court, in the third district, where a motion for a new trial, after a verdict in favor of the plaintiff, had been denied; a demurrer to the plaintiff’s replication to the defendant’s third plea, overruled; and judgment perfected for the plaintiff, upon the record.
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* Appeal from the general term of the Supreme Court, in the third district, where a motion for a new trial, after a verdict in favor of the plaintiff, had been denied; a demurrer to the plaintiff’s replication to the defendant’s third plea, overruled; and judgment perfected for the plaintiff, upon the record. Reported below, 6 Barb. 337; and, on a demurrer to the declaration, in 5 Ibid. 161.) ' This was an action of covenant, to recover the second instalment of purchase-money of land sold by the plaintiff to the defendant, by a contract, under seal, bearing date the 24th August 1845. By this…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The question in this case is, whether the plaintiff can sustain an action for the second instalment of the purchase money secured by the agreement, without averring and proving the delivery, or an offer to deliver a deed of the premises.
The parties have declared that certain payments were to be made, and certain acts performed by them respectively, at the times specified in the agreement. They must be held to have intended the performance of these acts, when,…
2Cited by21 opinions
- Eddy v. . DavisNew York Court of Appeals · 1889
- Dekay v. . BlissNew York Court of Appeals · 1890
- Glenn v. . RosslerNew York Court of Appeals · 1898
- Davis v. JeffrisSouth Dakota Supreme Court · 1894
- Divine v. DivineNew York Supreme Court · 1870
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