Pearsoll v. Frazer
New York Supreme Court
Demurrer to the second and third counts of the declaration. The action was covenant. The second count' alledged that on the 19th day of March, 1846, at the city of New-York, by a certain agreement between the plaintiff and the defendant, the defendant agreed to purchase, for the sum of $1800, from the plaintiff, the fixtures and furniture of the premises known as No. 8 Fulton-street, and then therein, consisting of articles necessary for the carrying on of a refectory and…
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Demurrer to the second and third counts of the declaration. The action was covenant. The second count' alledged that on the 19th day of March, 1846, at the city of New-York, by a certain agreement between the plaintiff and the defendant, the defendant agreed to purchase, for the sum of $1800, from the plaintiff, the fixtures and furniture of the premises known as No. 8 Fulton-street, and then therein, consisting of articles necessary for the carrying on of a refectory and boarding house; that said payment was to be made by the executing to the plaintiff of a mortgage for the interest of the…
1Opinion of the Court
By the Court, Edwards, J.
The first question presented is, whether the covenant to procure an extension of the lease is dependent or independent.
It appears from the agreement, that the defendant was to purchase the fixtures and furniture of the premises in Eultonstreet, for the sum of $1800, and payment was to be made by the defendant’s executing a mortgage upon his interest in all the property situated in the city of New-York, of which his father died seised. The agreement then provided that the plaintiff should procure for the defendant an extension of the lease of the premises for three…
2Cases cited3 opinions
- Tompkins v. ElliotNew York Supreme Court · 1830
- Connelly v. PierceNew York Supreme Court · 1831
- Osborne v. LawrenceNew York Supreme Court · 1832
3Cited by3 opinions
- Kellam v. . McKinstryNew York Court of Appeals · 1877
- W. H. Dodd & Co. v. DennyOregon Supreme Court · 1876
- Kirtz v. PeckNew York Supreme Court · 1887