Legal Opinion

Wilcox v. Ten Eyck

New York Supreme Court

Decided November 15, 1809PublishedCited by 6 opinions

THIS was an action of covenant. The declaration stated, that by articles of agreement, under seal, dated the 9th of September, 180/, the plaintiff covenanted with the defendant to execute to him in fee, on the 15th May, then next, a warranty deed of a certain farm, &c* which farm was then in the possession of the plain-¿ff, and of which fames Van Valkenbercrh held a bond 7 v e *•* an¿ morto-ac-e which the plaintiff covenanted was not o o enforced; (z. e. foreclosed ;) and…

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THIS was an action of covenant. The declaration stated, that by articles of agreement, under seal, dated the 9th of September, 180/, the plaintiff covenanted with the defendant to execute to him in fee, on the 15th May, then next, a warranty deed of a certain farm, &c* which farm was then in the possession of the plain-¿ff, and of which fames Van Valkenbercrh held a bond 7 v e *•* an¿ morto-ac-e which the plaintiff covenanted was not o o enforced; (z. e. foreclosed ;) and that the same should r . , , , , be settled and paid oír, as lar as its demand extended to the said 15th of May, (i. e.…

1Per curiam

The covenants here are mutual and in* , , , dependent. This case cannot be distinguished from that of Seers v. Fowler, (2 Johns. Rep. 272.) and of Terry v. Duntze, (2 H. Bl. 389.) If the covenants be once established to be independent covenants, they continue so throughout, although the plaintiff had covenanted to do certain acts on his part, in the intermediate time, between the performance of the different acts to be done by the defendant. There must be judgment for the plaintiff.

Judgment for the plaintiff,

2Cited by6 opinions

  1. Evans v. HarrisNew York Supreme Court · 1853
  2. Courcier v. GrahamOhio Supreme Court · 1824
  3. Seers v. FowlerNew York Supreme Court · 1807
  4. Grant v. JohnsonNew York Supreme Court · 1849
  5. Andrews v. MooreStark County Court of Common Pleas · 1817

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