Johnson v. Hathorn
New York Court of Appeals
Henry Johnson sued Rowland P. Cooley (for whom, on his death pending the action, Henry H. Hathorn, his executor, was substituted as defendant), for deceit in an exchange of property. Johnson owned a house and lot, which he offered for sale. Cooley called on him and negotiated for its purchase. Johnson’s price was six thousand dollars. Cooley offered five thousand dollars in the stock of the Mutual Bank of Castleton, Vermont, and five hundred and twenty-five dollars in cash.
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Henry Johnson sued Rowland P. Cooley (for whom, on his death pending the action, Henry H. Hathorn, his executor, was substituted as defendant), for deceit in an exchange of property. Johnson owned a house and lot, which he offered for sale. Cooley called on him and negotiated for its purchase. Johnson’s price was six thousand dollars. Cooley offered five thousand dollars in the stock of the Mutual Bank of Castleton, Vermont, and five hundred and twenty-five dollars in cash. This offer was made and accepted orally. Pursuant to it, Johnson gaye a deed of his property and surrendered possession,…
1Opinion of the Court
By the Court.
Porter, J.
On the facts found by the judge the plaintiff was entitled to judgment. The original agreement for the sale of the property was not in writing, but it was performed by the plaintiff when he executed the conveyance, and the defendant, who took the benefit of the contract *468was bound to fulfill it on Ms part. Thomas v. Dickinson, 12 N. Y. (2 Kern.) 364. He agreed to pay five thousand five hundred and twenty-five dollars as the price, and two thousand five hundred dollars of this amount has neither been paid by him nor released by the plaintiff. Five thousand dollars of the…
2Cases cited10 opinions
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- Mead v. . BunnNew York Court of Appeals · 1865
- Emery v. . PeaseNew York Court of Appeals · 1859
- Lounsbury v. . PurdyNew York Court of Appeals · 1859
- Morris v. . WhitcherNew York Court of Appeals · 1859
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- Mauger v. SlavinAppellate Division of the Supreme Court of the State of New York · 1896
- Hauck Food Products Corp. v. B. A. Stevenson & Co.New York Supreme Court · 1922