Keenan v. Bird
New York Supreme Court
Appeal from special term, Westchester county. Action by Henry P. Keenan against Joseph G. Bird and others for relief from a contract for the purchase of farm land on the ground of mistake in the quantity, and for the recovery of money paid on the contract. The complaint was dismissed, and plaintiff appeals.
1Opinion of the CourtBarnard, P. J.
On the 14th day of May, 1889, the defendants, by a written agreement under seal, covenanted to convey a title to certain premises particularly described in the complaint. The deed was to be delivered on the 14th of June, 1889. One hundred dollars was paid on account off the purchase price, and the balance, $5,900, was to be paid at the delivery of the deed to plaintiff. Before the time for the delivery of the deed the plaintiff caused a survey to be made of the land, and found that the description in the contract contained a trifle over 48£ acres. The contract contained no detailed…
2Cases cited1 opinion
- Paine v. . UptonNew York Court of Appeals · 1882
3Cited by2 opinions
- O'Conner v. PhillipsenNew York Supreme Court · 1893
- O'Conor v. PhilipsenNew York Supreme Court · 1893