Ayers v. . Dixon
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court, in the first judicial department, modifying and affirming as modified, a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts are set forth sufficiently in the opinion. Plaintiff failed to make out a case for a breach of covenant to pay money.
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Appeal from, judgment of the General Term of the Supreme Court, in the first judicial department, modifying and affirming as modified, a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts are set forth sufficiently in the opinion. Plaintiff failed to make out a case for a breach of covenant to pay money. (Halsey v. Reed, 9 Paige, 446, 451; Garnsey v. Rogers, 47. N. Y., 241.) No case for breach of covenant of indemnity was made out. (Marsh v. Pike et at, 10 Paige, 595; Beers v. Shannon, 73 N. Y., 305; Halsey v. Reed, 9 Paige, 446;…
1Opinion of the CourtDanforth, J.
The plaintiff’s case rests on certain allegations of fact:
First. That on the 10th of January, 1876, one Bead executed a mortgage to Vaughn of $4,000, upon premises in Aiken, South Carolina, afterwards owned by Eleazer Ayers, and he on the 29th day of September, 1876, in consideration of one dollar, paid to him, agreed to sell .an undivided one-half part thereof to the defendant Dixon, “ for the sum of six thousand dollars,” “ which,” as the .agreement states, Dixon “ agrees to pay and deliver” to Ayers as follows : “ Three thousand dollars at the time of the delivery of the deed'of'the said…
2Cases cited2 opinions
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