Taylor v. . Bradley
New York Court of Appeals
Appeal by the plaintiff from judgment of the Supreme Court in General Term for the sixth district, affirming judgment on verdict. f The action is brought for the breach of an agreement under seal, made, January 20, 1855, by the defendant, to let to the plaintiff a certain farm, called the Gray farm, in Guilford, Chenango county, containing 186 acres, for three years, commencing the 1st of April then next, on the following terms; Each party to furnish one-half of all…
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Appeal by the plaintiff from judgment of the Supreme Court in General Term for the sixth district, affirming judgment on verdict. f The action is brought for the breach of an agreement under seal, made, January 20, 1855, by the defendant, to let to the plaintiff a certain farm, called the Gray farm, in Guilford, Chenango county, containing 186 acres, for three years, commencing the 1st of April then next, on the following terms; Each party to furnish one-half of all necessary tools and apparatus for dairying business, one-half all firkins, salt, seed grain and farming tools for farming,…
1Opinion of the CourtWoodruff, J.
FFo question appears to have been raised on the trial touching the liability of the defendant. Although it was alleged in the answer that the sale of the farm in question was by the consent of the plaintiff, and such con sent is set up as a rescission of the contract declared upon, the proof obviously failed to establish such a rescission, and the case was properly treated as one in which, after the execution of the agreement, the defendant had voluntarily sold the farm and had broken his engagement with the plaintiff and had thereby subjected himself to the payment of whatever damages the…
2Cases cited12 opinions
- Costigan v. Mohawk & Hudson Rail-RoadNew York Supreme Court · 1846
- Loomis v. MarshallSupreme Court of Connecticut · 1837
- Driggs v. DwightNew York Supreme Court · 1837
- Giles v. O'TooleNew York Supreme Court · 1848
- Bradish v. SchenckNew York Supreme Court · 1811
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3Cited by97 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Howard v. . DalyNew York Court of Appeals · 1875
- City of Teree Haute v. HudnutIndiana Supreme Court · 1887
- Bernstein v. . MeechNew York Court of Appeals · 1891
- Emerson v. Pacific Coast & Norway Packing Co.Supreme Court of Minnesota · 1905
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