Carpenter v. Bailey
New York Supreme Court
The plaintiff in this case declared on an agreement under seal, bearing date 20th November, 1829, whereby he covenanted to procure from Roswell Reed, of Coxsackie, a good and sufficient warranty deed of conveyance in the law in fee-simple to the defendants, their heirs and assigns forever, for 83 acres of land (particularly described in the agreement), including and comprising all the buildings, mills and erections on the said 83 acres of land, together with all the water…
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The plaintiff in this case declared on an agreement under seal, bearing date 20th November, 1829, whereby he covenanted to procure from Roswell Reed, of Coxsackie, a good and sufficient warranty deed of conveyance in the law in fee-simple to the defendants, their heirs and assigns forever, for 83 acres of land (particularly described in the agreement), including and comprising all the buildings, mills and erections on the said 83 acres of land, together with all the water rights and privileges then belonging or appertaining to the mills and machinery then erected on said premises, together…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
The demurrer in this case presents the question, whether the covenant to convey the premises .described in the instrument declared upon, binds the vendor to give to the purchaser a good and sufficient title, free from incumbrances and conditions, or only to procure a deed, good and sufficient in form, as prescribed in the articles of agreement.
The demurrer admits the defect of title, ánd the inability of Reed to convey a title. This covenant, like all other contracts, is t.o be construed according to the intent of the parties, to be collected from the language of…
2Cited by13 opinions
- Traver v. HalstedNew York Supreme Court · 1840
- McCord v. MasseyIllinois Supreme Court · 1895
- Eames v. Der Germania Turn VereinAppellate Court of Illinois · 1880
- Gillespie v. BroasNew York Supreme Court · 1856
- Hill v. RessegieuNew York Supreme Court · 1852
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