Van Benthuysen v. Crapser
New York Supreme Court
THIS was an action of covenant, on an agreement for the sale of a lot of land. , r The cause was tried before the Chief Justice, at the Duchess circuit, in September-, 1810. A verdict was taken for the plaintiff, subject to the opinion of the court, on the following case.
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THIS was an action of covenant, on an agreement for the sale of a lot of land. , r The cause was tried before the Chief Justice, at the Duchess circuit, in September-, 1810. A verdict was taken for the plaintiff, subject to the opinion of the court, on the following case. Articles of agreement were made between the plaintiffs and defendant, the 30th March, 1799, by which the plaintiffs agreed to sell and convey, by a good zvarranty * v , deed of conveyance, at the reasonable request oj the de- ^ I Kii My/..VI. U/V £/... vy v/. v..v _nJ “llu fendant, a certain lot, &c.; u for which the party…
1Per curiam
It does not seem to be requisite to determine whether the covenants between the parties were or were not independent, because, admitting them to have been independent, the question still arises whether the defendant is not discharged from his covenant by the refusal and inability of the plaintiffs to convey upon request. A party is not to continue always bound by a single, independent covenant. He may be discharged by the default of the other party. To understand the sense of the contract, we .must look at the whole instrument. The tender of a deed by the plaintiffs, in 1809, did not help…
2Cited by3 opinions
- Coulters v. MeiggsSupreme Court of Rhode Island · 1937
- Eyster v. GaffSupreme Court of Colorado · 1873
- Reddington v. HenrySupreme Court of New Hampshire · 1869