Jewett v. Brownell
New York Supreme Court
Appeal from special term, Washington county. Action by Francis A. Jewett against Simeon Brownell on an agreement. On demurrer to the complaint, Justice Potter delivered the following opinion: “The complaint sets forth a contract between the parties, and is claimed to be the basis of a right to recover the sum of $2,400. The contract set forth in the complaint is peculiar, if not incomprehensible.
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Appeal from special term, Washington county. Action by Francis A. Jewett against Simeon Brownell on an agreement. On demurrer to the complaint, Justice Potter delivered the following opinion: “The complaint sets forth a contract between the parties, and is claimed to be the basis of a right to recover the sum of $2,400. The contract set forth in the complaint is peculiar, if not incomprehensible. It is not apparent from its terms just what the intentions and purposes of the parties to it were. The point of the demurrer is that the contract contains no promise, either express or implied, by…
1Opinion of the CourtIngalls, J.
The agreement between the parties, which is in writing, is set out in the complaint, and constitutes the basis of the plaintiff’s alleged cause of action. Such agreement obviously states so imperfectly the transact tian between the parties that it is-difficult to comprehend clearly their real intention in regard to the payment by the defendant of the 10 per cent., and the retention by the plaintiff of the 60 shares of stock. We infer that the parties made an exchange of stocks for some purpose which is not disclosed, and the plaintiff agreed not'to sell the 240 shares which he received from…
Also in this document: Concurrence.
2Cases cited8 opinions
- Langdon v. BuelNew York Supreme Court · 1832
- Turk v. . RidgeNew York Court of Appeals · 1869
- Elder v. RouseNew York Supreme Court · 1836
- Culver v. . SissonNew York Court of Appeals · 1850
- Salisbury v. PhilipsNew York Supreme Court · 1813
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