Legal Opinion

Smith v. Lewis

Supreme Court of Connecticut

Decided February 15, 1856PublishedCited by 26 opinions

This was an action on a covenant in the following terms : “ Articles of Agreement made and concluded upon, this 17th day of January, A. D. 1852, between Gilson Lewis, of Suffield, in the county of Hartford, and state of Connecticut, of the one part and Israel Smith, of Windsor, in the county and state aforesaid, of the other part.

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This was an action on a covenant in the following terms : “ Articles of Agreement made and concluded upon, this 17th day of January, A. D. 1852, between Gilson Lewis, of Suffield, in the county of Hartford, and state of Connecticut, of the one part and Israel Smith, of Windsor, in the county and state aforesaid, of the other part. First.—The said Gilson Lewis, in consideration of one dollar, to him paid by the said Smith, (the receipt whereof is hereby acknowledged,) and in further consideration of the promises of the said Smith, hereinafter contained, doth hereby, for himself, his heirs,…

1Opinion of the CourtStorrs, J.

The parties were under covenant obligations to exchange real estate on a day certain. A place of meeting had been provided for, by verbal arrangement, as they resided in different towns; and it was further agreed that they should together proceed to an attorney’s office, where the necessary conveyances might be drafted at the proper time. The plaintiff repairs to the place in question, which *635is the residence of the defendant, in another town, for the purpose honestly entertained, of performing the contract. The finding shows that the plaintiff had it in his power to perform, (unless prevented…

2Cases cited1 opinion

  1. Suydam v. JonesNew York Supreme Court · 1833

3Cited by26 opinions

  1. Lake Shore & Michigan Southern Railway Co. v. RichardsIllinois Supreme Court · 1894
  2. Alderson v. HoustonCalifornia Supreme Court · 1908
  3. Blakeslee v. Board of Water CommissionersSupreme Court of Connecticut · 1936
  4. Crist v. ArmourNew York Supreme Court · 1861
  5. Smith v. LewisSupreme Court of Connecticut · 1857

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