Blood v. Goodrich
New York Supreme Court
This was an action of assumpsit, tried at the Otsego circuit in September, 1830, before the Hon. Samuel Nelson, then one of the circuit judges. The declaration contained seven counts.
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This was an action of assumpsit, tried at the Otsego circuit in September, 1830, before the Hon. Samuel Nelson, then one of the circuit judges. The declaration contained seven counts. In the first it is alleged that on the 11th December, 1828, by a certain instrument in writing made between the plaintiff and the defendants, it was agreed that the defendants should sell, and by a good warranty deed convey to the plaintiff 900 acres of land, to be selected by him out of all the unsold lands then belonging to the defendants, situate in Bloomfield, in the state of Ohio, on condition that the…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The first question is whether the agreement of December 11, 1828, is binding upon all the defendants ? This contract is the basis of any liability which may rest upon any or all of the defendants. It was signed by Kingsbury, “ for self, Goodrich and Champion ” The proof of the execution by Kingsbury proves nothing against the other defendants. It shews the instrument to be the deed of Kingsbury: but to make it the deed of Goodrich and Champion, something else must be proved ; it must be shewn that Kingsbury had authority to act for them; and as he professes to act…
2Cases cited6 opinions
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- MbBride v. HaganNew York Supreme Court · 1828
- Banorgee v. HoveyMassachusetts Supreme Judicial Court · 1809
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- Keating v. PriceNew York Supreme Court · 1799
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3Cited by38 opinions
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- Hayes v. LivingstonMichigan Supreme Court · 1876
- Clark v. DalesNew York Supreme Court · 1855
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