Robb v. Montgomery
New York Supreme Court
THE plaintiff declared in covenant on an agreement, which the defendant, after craving oyer, set out. It was dated 12th of June, 1817. The defendant hound himself to pay the plaintiff 2500 dollars, to wit, 500 dollars, in one year from the date, 1000 dollars, in two years from the date, •' ^ and 1000 dollars, in three years.
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THE plaintiff declared in covenant on an agreement, which the defendant, after craving oyer, set out. It was dated 12th of June, 1817. The defendant hound himself to pay the plaintiff 2500 dollars, to wit, 500 dollars, in one year from the date, 1000 dollars, in two years from the date, •' ^ and 1000 dollars, in three years. The plaintiff, in consideration of the above payments being punctually made, at the times, and in the manner specified, bound himself to convey, . r . in fee simple, to the defendant, certain lots of land in the village of Rochestei’ville, particularly set forth in the…
1Opinion of the Court
Spencer, Ch. J.,
delivered the opinion of the Court. If seems to me, there can be no doubt that the covenants here are mutual and independent. The defendant’s covenant is absolute and positive, that he shall pay the 2500 dollars, in instalments; and in consideration of the payments being punctually made, at the times, and in the manner specified, the plaintiff bound himself to convey, in fee simple, the lots of land therein described. The payments were to be made without reference to the conveyance, and the conveyance was not to be given until all the payments were made. It is impossible for…
2Cited by21 opinions
- Eddy v. . DavisNew York Court of Appeals · 1889
- Tipton v. . FeitnerNew York Court of Appeals · 1859
- James v. . BurchellNew York Court of Appeals · 1880
- Green v. GreenNew York Supreme Court · 1828
- Butler v. MannySupreme Court of Missouri · 1873
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