Britton v. Phillips
New York Supreme Court
The appellant was the owner of five lots on the north side of Thirty-fifth street, between Second and Third avenues, on which were erected five brown stone houses, three stories high. The referee found the value of this property to be $34,000. On the premises were incumbrances amounting to $22,500, viz : $3,500 on each house and lot, and a $5,000 mortgage on the five.
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The appellant was the owner of five lots on the north side of Thirty-fifth street, between Second and Third avenues, on which were erected five brown stone houses, three stories high. The referee found the value of this property to be $34,000. On the premises were incumbrances amounting to $22,500, viz : $3,500 on each house and lot, and a $5,000 mortgage on the five. Besides, there was on them a mortgage for $10,000, given as security for some mortgages on the appellant’s Chicago property, which liability was not absolute at the time. The appellant desired to sell this city property, and he…
1Opinion of the Court
By the court, Clerke, P. Justice.
It is not pretended in the negotiations between the parties in this action, that they arrived at any final understanding until after the defendant wrote the letter dated 11th December, 1858. In this letter he proposes to the plaintiff to sell him the five houses in Thirty-fifth street, on certain terms specifically set forth ; and in a postscript he says : “ The above proposition is made for two days ; after that, subject to negotiation.” Of course this letter, as the writer says in the postscript, contains nothing more than a proposition. It was not in itself…
2Cases cited2 opinions
- Wheeler v. SmithSupreme Court of the United States · 1850
- Safford v. StevensCourt for the Trial of Impeachments and Correction of Errors · 1828
3Cited by4 opinions
- Platt v. WithingtonNew York Supreme Court · 1890
- Costar v. PetersThe Superior Court of New York City · 1868
- Klinker v. Third Ave. RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Klinker v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1898