McCool v. Jacobus
The Superior Court of New York City
Oh the 17th of January; 1866, these parties entered into a written contract, whereby the defendant agreed to sell to the plaintiff six lots of land in this city. The consideration was $28,500. $250 was to be paid on signing the contract; a further sum ($7062.50) was on the delivery of the deed, and the residue to be secured by bond and mortgage upon the lots.
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Oh the 17th of January; 1866, these parties entered into a written contract, whereby the defendant agreed to sell to the plaintiff six lots of land in this city. The consideration was $28,500. $250 was to be paid on signing the contract; a further sum ($7062.50) was on the delivery of the deed, and the residue to be secured by bond and mortgage upon the lots. The contract, after providing that the party of the first part (the defendant) should execute a proper deed for conveying the premises to the party of the second part, (the plaintiff,) in fee simple, free from all incumbrances, and…
1Opinion of the CourtMonell, J.
The unqualified refusal of the defendant to convey, rendered the demand for a deed in March or April sufficient in time, substance and form. An offer to execute the bond and mortgage and pay the balance of the purchase money, was therefore, unnecessary, (Blood v. Goodrich, 9 Wend. 68; Driggs v. Dwight, 17 id. 71,) and the plaintiff is entitled to a decree for the specific performance of the contract, unless his failure to accept the deed on the 20th of February was a rescission of it.
In the. view I have taken of this case it is not necessary to determine, whether the time stated for the…
2Cases cited3 opinions
- Blood v. GoodrichNew York Supreme Court · 1832
- Judson v. WassNew York Supreme Court · 1814
- Fletcher v. . ButtonNew York Court of Appeals · 1850
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- Shaw v. Board of Com'rs of Bayou Terre-Aux-Bœufs Drainage Dist.Supreme Court of Louisiana · 1915