Van Schaick v. Winne
New York Supreme Court
Demurrer. The complaint stated that on the 18th of October, 1842, one Arthur C. Southwick, assignee of Jacob L. Winne, made and executed to the plaintiff an instrument under seal, of which the following is a copy: “ In consideration of the sum of $4050 to me to be paid on the first day of November next, I hereby agree to convey to John Van Schaick, of the city of Albany, the premises in Jackson-street lately occupied by Jacob L. Winne as a soap and candle manufactory, as…
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Demurrer. The complaint stated that on the 18th of October, 1842, one Arthur C. Southwick, assignee of Jacob L. Winne, made and executed to the plaintiff an instrument under seal, of which the following is a copy: “ In consideration of the sum of $4050 to me to be paid on the first day of November next, I hereby agree to convey to John Van Schaick, of the city of Albany, the premises in Jackson-street lately occupied by Jacob L. Winne as a soap and candle manufactory, as conveyed to him by the State Bank, by deed bearing date the 1st day of April, 1889, and recorded in book No. 67 of deeds,…
1Opinion of the Court
By the Court, Harris, J.
The technical rules for the con.struction of executory agreements, which once prevailed, have *92been abandoned, and now such instruments are to be interpreted according to the clear intent and understanding of the parties. Adopting this principle of construction, there is no difficulty in determining what effect should be given to the agreement upon which this action is founded. It was executory on both sides. It was to be executed on both sides by concurrent acts. South-wick was to sell, and convey and deliver the possession of the premises. The plaintiff was to pay,…
2Cases cited4 opinions
- Tompkins v. ElliotNew York Supreme Court · 1830
- Green v. ReynoldsNew York Supreme Court · 1807
- Boyce v. BrownNew York Supreme Court · 1849
- West v. EmmonsNew York Supreme Court · 1809
3Cited by15 opinions
- People v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1908
- Rawls v. DeshlerNew York Court of Appeals · 1867
- Frey v. JohnsonNew York Supreme Court · 1861
- Petty v. EmeryAppellate Division of the Supreme Court of the State of New York · 1904
- Powell v. Dayton, Sheridan & Grande Ronde R. R.Oregon Supreme Court · 1887
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