Hasbrouck v. Tappen
New York Supreme Court
THIS was an action of covenant. The declaration stated . an agreement made between the plaintiff and defendant, on the 25th of November, 1815, by which the defendant agreed on the first day oí January next thereafter, by a good and sufficient warranty deed, free of all incumbrances, to sell and convey to the plaintiff, his heirs and assigns, a certain lot of land in the town of Kingston, which was to he surveyed, and the plaintiff agreed to pay to the defendant, on the…
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THIS was an action of covenant. The declaration stated . an agreement made between the plaintiff and defendant, on the 25th of November, 1815, by which the defendant agreed on the first day oí January next thereafter, by a good and sufficient warranty deed, free of all incumbrances, to sell and convey to the plaintiff, his heirs and assigns, a certain lot of land in the town of Kingston, which was to he surveyed, and the plaintiff agreed to pay to the defendant, on the delivery of the deed, 1,250 dollars, by his bond, payable without interest, on the first day of May next, after the -date of…
1Opinion of the Court
Thompson, Ch. J.
delivered the opinion of the court.
This case comes before the court on a bill of exceptions taken at the trial. It was an action of covenant, to recover five hundred dollars, as stipulated damages agreed on between the parties, to secure the performance of certain covenants contained in an agreement of the 25th of November, 1815. There was no question upon the trial, but that it *203was a case of stipulated damages. The agreement, with respect to that, is too explicit to admit of any doubt. The parties bound themselves to each other in the sum of five hundred dollars, which, in…
2Cited by19 opinions
- Richards v. EdickNew York Supreme Court · 1853
- Foley v. McKeeganSupreme Court of Iowa · 1856
- Clark v. DalesNew York Supreme Court · 1855
- Morse v. RathburnSupreme Court of Missouri · 1868
- Perkins v. LymanMassachusetts Supreme Judicial Court · 1814
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