Gazley v. Price
New York Supreme Court
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…
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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
- Burwell v. . JacksonNew York Court of Appeals · 1854
- Kyle v. KavanaghMassachusetts Supreme Judicial Court · 1869
- Tymon v. LinokiNew York Court of Appeals · 1965
- Vandegrift v. . Cowles Engineering Co.New York Court of Appeals · 1900
- Hill v. GrigsbyCalifornia Supreme Court · 1868
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