Brinckerhoff v. Phelps
New York Supreme Court
APPEAL from a judgment entered at a special term, after a .O. trial at the circuit. The complaint alleged that on the 13th day of June, 1849, the defendant made, executed and delivered to the plaintiff an agreement in writing, in the words and figures following, viz: “ For and in consideration of the sum of one dollar to me in hand paid by Elizabeth Brinckerhoff, of the city of Albany, the receipt whereof I do hereby acknowledge, I do hereby agree to sell and convey unto the…
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APPEAL from a judgment entered at a special term, after a .O. trial at the circuit. The complaint alleged that on the 13th day of June, 1849, the defendant made, executed and delivered to the plaintiff an agreement in writing, in the words and figures following, viz: “ For and in consideration of the sum of one dollar to me in hand paid by Elizabeth Brinckerhoff, of the city of Albany, the receipt whereof I do hereby acknowledge, I do hereby agree to sell and convey unto the said Elizabeth Brinckerhoff, all that lot, piece or parcel of land, situate, lying and being in the town of Stratford,…
1Opinion of the Court
By the Court, Gould, J.
The only point to be here decided is, what is the true rule of damages, in a suit for the breach of a contract to convey lands. Is the plaintiff in such a suit to recover his actual loss, (the value of the land agreed to be conveyed ;) or is he to he confined to getting back the price he paid, and interest 1 Upon principle, there would seem to be no question about it; for mere justice requires that his recovery should be equal to his loss. That there is any doubt on the subject, is owing to the uniform current of the decisions in this state, which have fixed the rule of…
2Cases cited5 opinions
- Pitcher v. LivingstonNew York Supreme Court · 1809
- Baldwin v. MunnNew York Supreme Court · 1829
- Peters v. McKeonNew York Supreme Court · 1847
- Fletcher v. ButtonNew York Supreme Court · 1849
- Jackson ex dem' Vought v. WoodNew York Supreme Court · 1805
3Cited by12 opinions
- Mack v. . PatchinNew York Court of Appeals · 1870
- McCreery v. GreenMichigan Supreme Court · 1878
- Kirkpatrick v. DowningSupreme Court of Missouri · 1874
- Conger v. . WeaverNew York Court of Appeals · 1859
- Bush v. . ColeNew York Court of Appeals · 1863
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