Traver v. Halsted
New York Supreme Court
Question on sale of real estate. On tbe twenty-fifth day of December, 1837, an agreement under seal was entered into between the par- [ *67 ] ties, whereby it was stipulated on tbe *part of Halsted to sell to Traver a farm containing about 163 acres of land, to be conveyed as described in his deed without survey, at the rate of $70 per acre, and that on or before the fifth day of April then next, on receiving from Traver the price of $70 per acre, that he would, at his own…
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Question on sale of real estate. On tbe twenty-fifth day of December, 1837, an agreement under seal was entered into between the par- [ *67 ] ties, whereby it was stipulated on tbe *part of Halsted to sell to Traver a farm containing about 163 acres of land, to be conveyed as described in his deed without survey, at the rate of $70 per acre, and that on or before the fifth day of April then next, on receiving from Traver the price of $70 per acre, that he would, at his own costs and expense, execute a proper conveyance, for the conveying and assuring the fee simple of the premises to Traver,…
1Opinion of the CourtCowen, J.
[ *69 ] *By the Court, The three first of the pleas demurred to are clearly bad, as not being a direct answer to either of the plaintiff’s averments, that he tendered the requisite assumption, and security. The tender of these was fully and directly averred; they presented the material and issuable facts upon which the plaintiff relied as entitling him to recover ; and the only facts to which it is pretended the pleas can be applied. The course of the defendant was briefly and directly to deny the tender in manner and form as the plaintiff had alleged and set it forth ; instead of which, he…
2Cases cited1 opinion
- Carpenter v. BaileyNew York Supreme Court · 1837
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