Manvel v. . Holdredge
New York Court of Appeals
Appeal from a judgment ordered by the General Term of the Supreme Court in the first district, upon a verdict for the plaintiff directed by the judge at the circuit for $1,099.25, the exceptions having been heard in the first instance by them.
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Appeal from a judgment ordered by the General Term of the Supreme Court in the first district, upon a verdict for the plaintiff directed by the judge at the circuit for $1,099.25, the exceptions having been heard in the first instance by them. The action was brought to recover the sum of $1,000 claimed to be due under the following letter or agreement between the parties: “ Hew Yobk, December 14th, 1864. “ Oybus Manvel : “ Dear Sir.—I inclose an assignment of the one-fourth interest in patent Ho. 29,481, from yourself to me, for your signature. You will be required to affix a five cent stamp,…
1Opinion of the CourtAllen, J.
The contract of the defendant calls for the payment of $1,000, within the year 1865, or in default of such payment a reassignment of the patent. • There is no time fixed for the performance of the last alternative, and it follows that it must be done on request. Upon a failure to pay the money within the time limited, the plaintiff acquired the right to demand a reassignment of the patent, and if not reassigned he could recover the value of it, and if it was worth more than the sum agreed upon, the defendant would be compelled to pay the value. The plaintiff was not compelled to accept the…
2Cited by2 opinions
- Litchfield v. . IrvinNew York Court of Appeals · 1872
- Gallup v. SterlingNew York Supreme Court · 1898