Garlock v. Lane
New York Supreme Court
This was an action to recover money paid by the plaintiff on a note given by him to the defendant or order, for the sum of $175, payable in thirty days at the Cherry Valley Bank, and dated May 15th, 1845. On the 9th day of December, 1844, the parties entered into a written agreement not under seal, by which Lane agreed to convey to Garlock by a “ good warranty deed,” to be given “ on the receipt of the first payment,” the “ Allen farm,” containing about 100 acres, at $20 per…
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This was an action to recover money paid by the plaintiff on a note given by him to the defendant or order, for the sum of $175, payable in thirty days at the Cherry Valley Bank, and dated May 15th, 1845. On the 9th day of December, 1844, the parties entered into a written agreement not under seal, by which Lane agreed to convey to Garlock by a “ good warranty deed,” to be given “ on the receipt of the first payment,” the “ Allen farm,” containing about 100 acres, at $20 per acre. Possession was to be delivered on the 1st day of May, 1845, and on that day $1000 were to be paid, and the…
1Opinion of the Court
By the Court, Hand, J.
I think -this report must be set aside. The payment of the $1000, and the conveyance, were to be concurrent acts. (Johnson v. Wygant, 11 Wend. 48. Weed v. Davis, MSS. 4th Dist.) Neither could recover of the other without performance, or an offer to perform. On the 13th of May, the plaintiff gave his note in part for the first payment. *363The complaint alleges that it was given to aid the defendant to raise money; and that it was to apply on the contract, in case the incumbrances on the land were removed. But all this is denied, and is not proved. The agreement was to give a…
2Cases cited7 opinions
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- Traver v. HalstedNew York Supreme Court · 1840
- Holmes v. HolmesNew York Supreme Court · 1851
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- Hudson v. SwiftNew York Supreme Court · 1822
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3Cited by3 opinions
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