Fletcher v. Button
New York Supreme Court
This was an appeal, by the defendant, from the judgment entered in this action upon the verdict at the circuit. On the 13th of April, 1841, the defendant gave his bond to Isaac Fletcher and Isaac Fletcher, jun. conditioned to execute or cause to be executed to the obligees a good and sufficient warranty deed of the premises therein described, free of all incumbrances, by the 1st of January, 1842, in consideration of $500 which he acknowledged in the bond to have been…
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This was an appeal, by the defendant, from the judgment entered in this action upon the verdict at the circuit. On the 13th of April, 1841, the defendant gave his bond to Isaac Fletcher and Isaac Fletcher, jun. conditioned to execute or cause to be executed to the obligees a good and sufficient warranty deed of the premises therein described, free of all incumbrances, by the 1st of January, 1842, in consideration of $500 which he acknowledged in the bond to have been received and paid in full satisfaction for the premises. The plaintiff, Isaac Fletcher, jun. became sole owner of the bond, by…
1Opinion of the Court
By the Court, Allen, J.
The principal question presented for our decision upon the appeal in this cause, and upon which the other questions made upon the trial in some measure depend, is as to the proper rule of damages in an action brought by the vendee of real estate against his vendor, for a breach of his covenant to convey the premises, the purchase money having been fully paid before or at the time of the execution of the covenant. The counsel for the appellant insists 1. That no action can be maintained, for the reason' that the plaintiff was at the commencement of the action in…
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