Legal Opinion

Gazley v. Price

New York Supreme Court

Decided May 15, 1819PublishedCited by 18 opinions

THIS was an action of covenant, upon articles of agreement, bearing date the 1st of August, 1810, which recited, 5 ° e 0 7 7 7 that the plaintiff had sold to the defendant a place whereon . . . . 1 the plaintiff then lived, containing about sixteen acres, with a wood lot containing about twelve acres ; and that the defendant had agreed to give the plaintiff, for the same, the sum of 760/., whereof 240/. were to be paid on the 15th day of September next after the date; and…

Read the full summary

THIS was an action of covenant, upon articles of agreement, bearing date the 1st of August, 1810, which recited, 5 ° e 0 7 7 7 that the plaintiff had sold to the defendant a place whereon . . . . 1 the plaintiff then lived, containing about sixteen acres, with a wood lot containing about twelve acres ; and that the defendant had agreed to give the plaintiff, for the same, the sum of 760/., whereof 240/. were to be paid on the 15th day of September next after the date; and the defendant was also, at the same time, to assume upon himself the pay-7 7 * * J ment of debts owing by the plaintiff,…

1Opinion of the Court

Spencer, Ch. J. delivered the opinion of the Court.

There can be no doubt that the covenant to give a good and sufficient deed, and the covenant to pay part, and give security for the remainder of the consideration, are dependent ..covenants; and neither party could sue the other, without *269averting a performance, or a readiness to perform on his part. (2 Johns. Rep. 207. 10 Johns. Rep. 266.) In the present case, the plaintiff alleges, that he has given to the defendant a deed of the premises, according to the tenor and effect of the articles of agreement; and this averment implies that the deed…

2Cited by18 opinions

  1. Burwell v. . JacksonNew York Court of Appeals · 1854
  2. Kyle v. KavanaghMassachusetts Supreme Judicial Court · 1869
  3. Tymon v. LinokiNew York Court of Appeals · 1965
  4. Vandegrift v. . Cowles Engineering Co.New York Court of Appeals · 1900
  5. Hill v. GrigsbyCalifornia Supreme Court · 1868

13 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API