Quinn v. Roath
Supreme Court of Connecticut
Bill in equity for the specific performance of an agreement to convey a piece oi land; brought to the Superior-Court in New London county, and heard, upon the bill and. answer, before Minor, J. The court made the following special finding of facts: On the 20th day of March, 1868, the petitioner and respondent entered into the following written contract, and on the-same day the petitioner paid to the respondent one dollar,, which was receipted upon it. - “ I, Edmund D. Roath,…
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Bill in equity for the specific performance of an agreement to convey a piece oi land; brought to the Superior-Court in New London county, and heard, upon the bill and. answer, before Minor, J. The court made the following special finding of facts: On the 20th day of March, 1868, the petitioner and respondent entered into the following written contract, and on the-same day the petitioner paid to the respondent one dollar,, which was receipted upon it. - “ I, Edmund D. Roath, of Norwich, in the state of Connecticut, for the consideration of four hundred dollars, received, to my full…
1Opinion of the CourtPhelps, J.
1. This case comes before us on a motion in error, and also a motion for a new trial. It is claimed in support of the motion in error, that .the respondent was not bound to a specific performance of the contract, because one of its provisions required the petitioner to pay $25 of the purchase money for the land on the first day of April following the execution of the contract, and he had neither done it, nor furnished a reasonable excuse for his non-performance.
For all the purposes of this motion the writing must be held to contain the entire and precise contract between the parties, and the…
2Cases cited6 opinions
- Taylor v. LongworthSupreme Court of the United States · 1840
- Lessor of Fisher v. CockerellSupreme Court of the United States · 1831
- Osborn v. PhelpsSupreme Court of Connecticut · 1848
- Potter v. TuttleSupreme Court of Connecticut · 1852
- Viele v. Troy & Boston Rail RoadNew York Supreme Court · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hall v. First National Bank of ChelseaMassachusetts Supreme Judicial Court · 1899
- Knott v. James B.Oregon Supreme Court · 1874
- Hawes v. SwanzeySupreme Court of Iowa · 1904
- McCusker v. SpierSupreme Court of Connecticut · 1900
- Swanson v. SimsUtah Supreme Court · 1917
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