Wells v. Smith
New York Court of Chancery
Bill by vendee against vendor for a specific performance of a contract for the sale of a lot of land known as No. 708 Broadway, in the city of New York.
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Bill by vendee against vendor for a specific performance of a contract for the sale of a lot of land known as No. 708 Broadway, in the city of New York. By the contract, under the hands and seals of the parties and dated the first day of September one thousand eight hundred and twenty-nine, the defendant, Clotilda Smith, covenanted, in consideration of and upon performance by the complainant, Benjamin G, Wells, of the covenants on his part, to convey to him the lot in question, free from all incumbrance, except such taxes and assessments as might thereafter become due. The complainant’s…
1Opinion of the Court
The Vice-Chancellor:
The covenant sought to be enforced in this ease against the defendant is clearly a dependent one. An action at law could not be sustained upon it, without averring and proving performance of the -covenants *81on the part of the complainant. As the latter had not performed them" on the very day specified in the agreement, it is probable his remedy is for ever gone at law; and unless, therefore, this court can aid him, all benefit of the contract will be lost.
It has been contended in behalf of the complainant, that the defendant should have tendered a deed on the first day of…
2Cases cited1 opinion
- Connelly v. PierceNew York Supreme Court · 1831
3Cited by16 opinions
- Williams v. . HaddockNew York Court of Appeals · 1895
- Maffet v. Oregon & Cal. RailroadOregon Supreme Court · 1905
- Gates v. ParmlyWisconsin Supreme Court · 1896
- Merriam v. GoodlettNebraska Supreme Court · 1893
- Memphis, Kansas & Colorado Railway Co. v. ThompsonSupreme Court of Kansas · 1880
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