Jones v. Gardner
New York Supreme Court
THE plaintiff declared on an agreement in wilting, dated the 23d March, 1811, which stated that Jones had contracted with Gardner, “ to convey to him a farm of land situated in the town Qf Hinsdale, on which Samuel Gilbert now lives,” on the fob lowing terms, to wit, 1,820 dollars, to be paid as follows, to wit, 500 dollars on the first of May next, 300 dollars in two years thereafter, 300 dollars in three years, 300 dollars in four years, 300 dollars in five years, and 120…
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THE plaintiff declared on an agreement in wilting, dated the 23d March, 1811, which stated that Jones had contracted with Gardner, “ to convey to him a farm of land situated in the town Qf Hinsdale, on which Samuel Gilbert now lives,” on the fob lowing terms, to wit, 1,820 dollars, to be paid as follows, to wit, 500 dollars on the first of May next, 300 dollars in two years thereafter, 300 dollars in three years, 300 dollars in four years, 300 dollars in five years, and 120 dollars in six years. Gardner was to have possession on the 1st of April then next; and whenever he received from Jones…
1Per curiam
The covenants between the parties were dependent. plaintiff was to convey on the 1st of Map, and the defendant on that day was to pay 500 dollars, being a part of the consideration. The intent and good sense of the contract was, that the 500 dollars were not to be paid, unless the deed was ready for delivery. They were to be concurrent acts; and this was the construction of a similar contract in the case of Green v. Reynolds. (2 Johns. Rep. 207.) So also the deed was not to be delivered without the payment of the 500 dollars, and .a bond and mtirtgage *273for the residue of the purchase-money.…
2Cited by26 opinions
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