Dey v. . Nason
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas in and for the city and county of Few York, made March 15, 1883, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action was brought to recover damages for an alleged breach of contract for the sale of land.
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Appeal from order of the General Term of the Court of Common Pleas in and for the city and county of Few York, made March 15, 1883, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action was brought to recover damages for an alleged breach of contract for the sale of land. By the contract the parties agreed to sell and exchange lands as follows: Defendants agreed to sell and convey to plaintiff lands described as “ lying and being in the county of Live Oak and State of Texas, known and distinguished as French, formerly Barton…
1Opinion of the CourtAndrews, J.
By the terms of the written contract the plaintiff was not to be bound, unless the exchange was approved by the plaintiff’s agent, after inspection of the Texas lands described in the contract. It provided, that if Tevis did not approve, the plaintiff’s agreement to convey his premises should become null and void. There were no lands owned by the defendants, answering the description in the contract. It must be assumed that the defendants entered into the contract under a mistake as to the location and description of the Texas lands. The plaintiff on the trial disclaimed any fraud on the part…
2Cited by2 opinions
- Northridge v. . MooreNew York Court of Appeals · 1890
- Raynor v. LyonNew York Supreme Court · 1887