Thomas v. Van Ness
New York Supreme Court
Demurrer to declaration. Thomas, as administrator of the' estate of I. Hagerman, deceased, sued the defendants as the devisees of G. B. Van Ness, deceased.
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Demurrer to declaration. Thomas, as administrator of the' estate of I. Hagerman, deceased, sued the defendants as the devisees of G. B. Van Ness, deceased. He declared in covenant on articles of agreement, bearing date in 1806, en^ered into between Hagerman and Van Ness, by which Hagerman covenanted to sell to Van Ness eleven acres of land for $875, which Van Ness covenanted on his part to pay in 1 XX*' the following manner : To the new loan officers of the county of Dutchess, the amount of the principal and interest of a mortgage executed by Hagerman on the land agreed to be sold; also…
1Opinion of the Court
By the Court,
Sutherland, J.
It is not always sufficient to aver performance in the words of the contract. The intent of" the contract must be shewn to have been performed; and where the words do not clearly and unequivocally express in terms that which in judgment of law they import, their legal import constitutes the contract, and that must be averred to *553have been dene; and where it is necessary, on the part of the plaintiff, to aver performance, it must be set forth With such certainty as to enable the court to judge whether the intent of the covenant has been fulfilled. (Com. Dig. Plead. C.…
2Cited by6 opinions
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- Durkin v. Exchange Bank of VirginiaCourt of Appeals of Virginia · 1856
- Byrne v. McNultyIllinois Supreme Court · 1845
- Brown v. StebbinsCourt for the Trial of Impeachments and Correction of Errors · 1843
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