Harris v. Knickerbacker
Court for the Trial of Impeachments and Correction of Errors
Appeal from chancery. Knickerbocker filed his bill for a specific performance of a paroi contract by Harris, to purchase a lot of land.
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Appeal from chancery. Knickerbocker filed his bill for a specific performance of a paroi contract by Harris, to purchase a lot of land. The bill which was filed in January, 1824, alleges that on 20th September, 1815, a contract was entered into between the parties, by which it was agreed on the part of Harris, that he should'pay to Knickerbacker for the purchase money of a certain farm, or lot of land supposed to contain about 100 acres, the sum of $21,50 per acre for every acre which the farm upon actual survey should be found to contain, to be paid in seven equal annual instalments, with…
1Opinion of the Court
The following opinions were delivered:
By Mr. Justice Marcy.
The bill in this case was filed by the respondent for the specific performance of an agreement for the purchase of a lot of land ; and as one of the objections to the decree, and in my view the principal one, is that the chancellor has set up a contract differing as well from that charged in the bill as from that confessed by the answer, it becomes necessary to advert' particularly to the contract as described in the pleadings.
The bill states that the respondent was seized and had the fee simple of a certain lot or farm of land in…
2Cases cited1 opinion
- Cozine v. Graham & BleekerNew York Court of Chancery · 1830
3Cited by48 opinions
- Crane v. . PowellNew York Court of Appeals · 1893
- Feeney v. HowardCalifornia Supreme Court · 1889
- Lobdell v. . LobdellNew York Court of Appeals · 1867
- Bowlus v. Phenix InsuranceIndiana Supreme Court · 1892
- Barrett v. McAllisterWest Virginia Supreme Court · 1890
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