Mendenhall v. . Klinck
New York Court of Appeals
Appeal from order of the General Term of the Supreme Oourt in the first judicial district, reversing a judgment in favor of plaintiff entered upon the decision of the court at Special Term.
Read the full summary
Appeal from order of the General Term of the Supreme Oourt in the first judicial district, reversing a judgment in favor of plaintiff entered upon the decision of the court at Special Term. (Eeported below, 50 Barb., 634.) This action was commenced in the Supreme Oourt for the specific performance of the following contract, to wit: “ In consideration of one dollar, to me in hand paid by Eli Thayer, of • the city, county and State of blew York, and P. P. Todd, of the city of Boston, I hereby agree for myself and my representatives, that they, said Thayer and Todd, and their agents, may…
1Opinion of the Court
Earl, C.
Upon the trial the defendant claimed that it was the duty of Thayer & Todd, under the contract signed by him, before July 1, 1864, to bore at least 380 feet in addition to the boring already done, unless they should find oil nearer the surface, and that he was not obliged to execute the conveyance called for by his contract unless they had done so. The plaintiff, on the contrary, claimed that the contract simply required Thayer & Todd, before July 1, 1864, to examine and explore the lands, and satisfy themselves that there was oil there, and then upon their election the defendant was…
2Cited by13 opinions
- Maxwell v. Bay City Bridge Co.Michigan Supreme Court · 1879
- Cary Hardware Co. v. McCartyColorado Court of Appeals · 1897
- Bickett v. Buffalo Bills, Inc.New York Supreme Court · 1983
- Trustees of Caledonia County Grammar School v. KentSupreme Court of Vermont · 1912
- Hosford v. MetcalfSupreme Court of Iowa · 1901
8 more not listed; retrieve them via the Exa API.