Townsend v. Corning
New York Supreme Court
Execution of a sealed contract. The plaintiffs sued the defendant on a sealed contract, whereby they covenanted to sell and convey to him certain lots of land, in the village of Syracuse, for the sum of $11,000, and on payment of that sum to execute to him a good and sufficient deed of the premises, subject to the conditions and exceptions contained in- the original letters patent, and to all taxes assessed or charged thereon, subsequent to the date of the contract.
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Execution of a sealed contract. The plaintiffs sued the defendant on a sealed contract, whereby they covenanted to sell and convey to him certain lots of land, in the village of Syracuse, for the sum of $11,000, and on payment of that sum to execute to him a good and sufficient deed of the premises, subject to the conditions and exceptions contained in- the original letters patent, and to all taxes assessed or charged thereon, subsequent to the date of the contract. The defendant covenanted to pay the stipulated sum in five annual instalments, the first instalment in two years) with interest…
1Opinion of the CourtBronson, J.
By the Court, It was admitted on the argument, that Baldwin, the attorney, is not bound by the deed. Although he sub- [ *440 ] scribed his name and affixed his *seal, there are no words of contract on his part; and whether he intended to bind his principals or not, it is apparent from the whole instrument that he did not intend to contract for himself. Catlin v. Ware 9 Mass. R. 218.
II. This is not the deed of the plaintiffs and Isaiah Townsend; for although they are^named in it with the apparent intention of becoming parties, they have^executed the instrument, either in person or by attorney.…
2Cases cited5 opinions
- Fowler v. ShearerMassachusetts Supreme Judicial Court · 1810
- Catlin v. WareMassachusetts Supreme Judicial Court · 1812
- Lutz v. LinthicumSupreme Court of the United States · 1834
- Elwell v. ShawMassachusetts Supreme Judicial Court · 1819
- Spencer v. FieldNew York Supreme Court · 1833
3Cited by31 opinions
- Emeric v. AlvaradoCalifornia Supreme Court · 1884
- Worrall v. . MunnNew York Court of Appeals · 1851
- Cowan v. CurranIllinois Supreme Court · 1905
- Dodge v. HopkinsWisconsin Supreme Court · 1861
- Atlee v. BartholomewWisconsin Supreme Court · 1887
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