Wright v. Moore
New York Supreme Court
This was an action of ejectment, tried at the Niagara circuit in April, 1837, before the Hon, Addison Gardner, " then one of the circuit judges. On the" 29th February, 1836, the parties entered into articles of agreement under seal, for the sale, and purchase of 106 acres of land.
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This was an action of ejectment, tried at the Niagara circuit in April, 1837, before the Hon, Addison Gardner, " then one of the circuit judges. On the" 29th February, 1836, the parties entered into articles of agreement under seal, for the sale, and purchase of 106 acres of land. The plaintiff.- covenanted to convey the premises in fee to the defendant by the first day of May then next¿ or as soon thereafter as -a deed could reasonably be obtained from the ■ Holland Ladd- Company, for the sum of $3515 14, to be paid as follows: $500 down, $1000 on the 22d December then next, and the residue…
1Opinion of the Court
By the Court,
Cowen, J.
Independent of the covenant that the defendant might take possession, there can be no doubt that the plaintiff was entitled to recover. Jackson, ex dem Whitbeck, v. Deyo, 3 Johns. R. 422. I admit he could not, on the case made out, recover the purchase money in an action of covenant; he was in default for not tendering himself to execute a deed on the first of May, and his remedy was gone at law. West v. Emmons, 5 Johns. R. 179. Franchat v. Leach, 5 Cowen, 506, 508. The defendant was without fault, for he could not give the security by bond and mortgage till the…
2Cases cited1 opinion
- Jackson ex dem. Shipley v. MoncriefNew York Supreme Court · 1830
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