Karker v. Haverly
New York Supreme Court
APPEAL from a judgment in favor of the defendant, entered on a trial at the Schoharie circuit, in May, 1863, before Justice Peckham, without a jury. The question in the case is whether the plaintiff is precluded from recovering liquidated damages in a contract to convey real estate.
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APPEAL from a judgment in favor of the defendant, entered on a trial at the Schoharie circuit, in May, 1863, before Justice Peckham, without a jury. The question in the case is whether the plaintiff is precluded from recovering liquidated damages in a contract to convey real estate. On the 1st day of December, 1860, the parties entered into a written contract whereby the defendant rented a farm in Middleburgh to the plaintiff, for one year, from April 1, 1861, - at a rent of $500, and agreed on the 1st day of April, 1862, to sell and convey the farm to the plaintiff by warranty deed free from…
1Opinion of the Court
By the Court,
Miller, J.
By the agrreement between the parties the plaintiff was to pay $1600 in cash, and upon the delivery of the deed to secure the residue of the purchase money by bond and mortgage. Upon the money being paid, the defendant was to execute a warranty deed conveying the premises free and clear of all incumbrances. The plaintiff, on the day fixed for the consummation of the contract, tendered the money and demanded a deed, but did not tender nor offer to execute a bond and mortgage for the balance remaining unpaid according to the agreement. The defend*82ant had a deed prepared,…
2Cases cited5 opinions
- Crist v. ArmourNew York Supreme Court · 1861
- Morange v. MorrisNew York Court of Appeals · 1866
- Williams v. HealeyNew York Supreme Court · 1846
- Holmes v. . HolmesNew York Court of Appeals · 1854
- Clark v. CrandallNew York Supreme Court · 1848
3Cited by4 opinions
- Teller v. SchulzAppellate Division of the Supreme Court of the State of New York · 1908
- Zorn v. McFarlandThe Superior Court of the City of New York and Buffalo · 1894
- Cornell v. FoxAppellate Division of the Supreme Court of the State of New York · 1904
- Zorn v. McParlandThe Superior Court of New York City · 1894