Gillet v. Maynard
New York Supreme Court
THIS was an action of assumpsit for money had and received to the use of the plaintiff; and for work and la-hour performed, money lent, &c. Plea, non assumpsit, The cause was tried at the Oneida circuit, in Yune, 1809, ' J ' ’ before Mr. Justice Yates.
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THIS was an action of assumpsit for money had and received to the use of the plaintiff; and for work and la-hour performed, money lent, &c. Plea, non assumpsit, The cause was tried at the Oneida circuit, in Yune, 1809, ' J ' ’ before Mr. Justice Yates. At the trial, the plaintiff offered to give in evidence a parol contract, between the intestate and the defendant, for the sale of 100 acres of land, and that a sum of mo-_ , ney had been paid by the intestate, and who had, after the making of the contract, and while in possession of the land, under the contract of sale, performed labour in…
1Opinion of the CourtThompson, J.
This was an action for money had and received, and for work, labour and services. The object of the suit, as appears by the case, was to recover back money paid by the intestate to the defendant, on a parol contract for the purchase of a tract of land, which contract had never been fully executed; and also to recover compensation for the improvements made by the intestate, while in possession of the land under such contract. It does not satisfactorily appear from the case, what were the precise terms of the contract, made in the year 1803. It is obvious, however, from what passed between the…
2Cited by44 opinions
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- Nisbet v. LawsonSupreme Court of Georgia · 1846
- Williams v. BemisMassachusetts Supreme Judicial Court · 1871
- Chatfield v. WilliamsCalifornia Supreme Court · 1890
- Rosenwasser v. Blyn Shoes, Inc.New York Court of Appeals · 1927
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