Sager v. Gonnermann
New York County Courts
This action was brought against the defendant to recover assessments under a written agreement signed by the defendant and others. The agreement consisted of two parts, called Exhibit “A” and Exhibit “B.” Burnap & Bumap, the parties of the first part, agreed to build and equip a butter factory under the specifications contained in Exhibit “A” for $4,350, payable in cash when the building was completed.
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This action was brought against the defendant to recover assessments under a written agreement signed by the defendant and others. The agreement consisted of two parts, called Exhibit “A” and Exhibit “B.” Burnap & Bumap, the parties of the first part, agreed to build and equip a butter factory under the specifications contained in Exhibit “A” for $4,350, payable in cash when the building was completed. The building was to be erected in ninety days or thereabouts after subscribers representing 200 cows had been obtained and a location granted. The subscribers to Exhibit “ B ” agreed with…
1Opinion of the CourtTallmadge, J.
In order to create a liability against the defendant, it was necessary for the parties of the first part to procure subscribers representing 200 cows within ninety days from the date of the agreement. This was a condition precedent to liability on the part of a subscriber, and it was necessary for the plaintiff to prove, not only nonperformance on the part of the defendant, but a full performance on the part of the parties of the first part to the agreement. The plaintiff introduced in evidence the agreement and proved that it was signed by the parties whose names appear thereon and that the…
2Cases cited11 opinions
- Industrial General Trust, Ltd. v. . TodNew York Court of Appeals · 1905
- Smith v. . KerrNew York Court of Appeals · 1888
- Russell v. . AllertonNew York Court of Appeals · 1888
- Oakley v. . MortonNew York Court of Appeals · 1854
- Presb. Church of Albany v. . CooperNew York Court of Appeals · 1889
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