Gould v. Allen
New York Supreme Court
Demurrer to declaration. Action covenant. The plain-^c*eclare<^ on an agreement under seal, dated 3d July, 1826, by which lie covenanted to sell to the defendant a certain farm containing 161 acres of land, and give a deed ; and the defendant agreed to pay the plaintiff on the 1st May, 1827, $26 per acre, for all the land except the road running through ^ie same> which was to be deducted and not' paid for.
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Demurrer to declaration. Action covenant. The plain-^c*eclare<^ on an agreement under seal, dated 3d July, 1826, by which lie covenanted to sell to the defendant a certain farm containing 161 acres of land, and give a deed ; and the defendant agreed to pay the plaintiff on the 1st May, 1827, $26 per acre, for all the land except the road running through ^ie same> which was to be deducted and not' paid for. The defendant also agreed to purchase in the premises, if they were sold under certain mortgages which were liens upon ]aQd and to advance sufficient to pay the ambunt of such * J…
1Opinion of the Court
By the Court,
Sutherland, J.
The eighth special cause of demurrer is well taken. The declaration does not shew that the plaintiff has sustained any damage by reason of the neglect or fefusal of the defendant to purchase in the farm in question at the mortgage sale. If the farm actually sold for more than the defendant was -by his contract to give for it, then the plaintiff has sustained no injury by his omission to purchase it at the mortgage sale; for it is very' clear that the defendant was not bound to bid more than the price which be was to give for the farm; that is $26 per acre, And…
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