Dowdle v. Camp
New York Supreme Court
IN ERROR, on certiorari to a justice’s court. 7 J The plaintiff in error brought an action for goods sold and delivered, in the court below, against the defendant in error. The defendant pleaded the general issue, and gave notice of set-off. It appeared, on the trial, that, in the fall of 1810, the plaintiff agreed to purchase of the defendan two acres of land, at 45 dollars per acre; and, towards payment, to let the defendant have a cow, valued at 16 dollars.
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IN ERROR, on certiorari to a justice’s court. 7 J The plaintiff in error brought an action for goods sold and delivered, in the court below, against the defendant in error. The defendant pleaded the general issue, and gave notice of set-off. It appeared, on the trial, that, in the fall of 1810, the plaintiff agreed to purchase of the defendan two acres of land, at 45 dollars per acre; and, towards payment, to let the defendant have a cow, valued at 16 dollars. The contract was by paroi. The defendant, a short time after the bargain, had the land surveyed, and offered to give the plaintiff a…
1Per curiam
The cow, for which this action, was.'brought, was' delivered by the plaintiff to the defendant, in part payment 0f a piece of land, the contract for the purchase .of. which was by paroi, The defendant,, it appears,, has always .been .willing, and has offered to give a conveyance of the land, pursuant to his- contract, but the plaintiff declined receiving, it,' and now. brings his action to.-recover back what lie has paid upon his contract. The action cannot certainly be .sustained, under the circumstances disclosed by the return ; for the cow hadbecome forfeited according to the plaintiff ’s…
2Cited by18 opinions
- Brandeis v. NeustadtlWisconsin Supreme Court · 1860
- Abbott v. DraperNew York Supreme Court · 1847
- Harris v. . FrinkNew York Court of Appeals · 1872
- Galvin v. . PrenticeNew York Court of Appeals · 1871
- Shaw v. ShawSupreme Court of Vermont · 1834
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