Hasbrook v. Paddock
New York Supreme Court
In Equity. This was an appeal by the defendant from a decree of the laf'- vice chancellor of the seventh circuit. The bill was filed in the court of chancery, to compel the specific performance of a contract for the exchange of lands situated in the village of Liverpool, in the county of Onondaga.
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In Equity. This was an appeal by the defendant from a decree of the laf'- vice chancellor of the seventh circuit. The bill was filed in the court of chancery, to compel the specific performance of a contract for the exchange of lands situated in the village of Liverpool, in the county of Onondaga. The agreement was made about the first of May, 1836, and provided for the conveyance by the plaintiff Hasbrook, to the defendant H. Paddock, of certain parts of two salt lots, in exchange for a village lot, and such a sum as should be determined to be the fair difference in value, by appraisers…
1Opinion of the CourtGridley, J.
If the contract is to be understood as calling for any thing more than a leasehold interest of the premises agreed to be conveyed by the plaintiff, then it is quite clear that he did not possess such a title or interest as he agreed to convey; for, the title to these lands is inalienable in the people, by the fundamental law of the state. [Const, art. 7, § 10.) (a) But such is not the fair construction of the agreement. In the interpretation of a contract, and for the purpose of ascertaining *638the intention of the parties to it, it is allowable to resort to the extrinsic circumstances which…
2Cases cited1 opinion
- Armour v. AlexanderNew York Court of Chancery · 1844
3Cited by4 opinions
- Randol v. ScottCalifornia Supreme Court · 1895
- Miller v. HavensMichigan Supreme Court · 1883
- Corbett v. BerryhillSupreme Court of Iowa · 1870
- People ex rel. Kane v. SloaneAppellate Division of the Supreme Court of the State of New York · 1904