Stanton v. Camp
New York Supreme Court
Demurrer to the defendants’ second plea. The declara* tion was upon articles of agreement which were set out at length therein, made and entered into on the 8th day of April, 1844, between the plaintiff of the first part, and “ the Sackett’s Harbor Presbyterian Society, by their committee, of the second part,” by which the plaintiff agreed with “ the said party of the second part,” for a specified consideration to be paid to him “ by the said party of the second part,” to…
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Demurrer to the defendants’ second plea. The declara* tion was upon articles of agreement which were set out at length therein, made and entered into on the 8th day of April, 1844, between the plaintiff of the first part, and “ the Sackett’s Harbor Presbyterian Society, by their committee, of the second part,” by which the plaintiff agreed with “ the said party of the second part,” for a specified consideration to be paid to him “ by the said party of the second part,” to erect a church edifice “ for said Presbyterian society.” The contract contained minute specifications as to the manner and…
1Opinion of the Court
By the Court, Allen, J.
It was assumed upon the argument that the agreement set out in the declaration was under seal. But there is no averment of the sealing, or of any other fact from which it can be inferred. The scrawls at the end of the signatures to the copy of the agreement as set forth, cannot supply the- place of an averment that the agreement was sealed. (1 Chit. Pl. 397, Springf. ed. 1833. Van Santvoord v. Sandford, 12 John. 197.)
There is a well defined distinction between the liabilities of principal and agent, respectively, upon contracts under seal and upon those hot under seal.…
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- Mann v. ChandlerMassachusetts Supreme Judicial Court · 1812
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