Chamberlain v. . Parker
New York Court of Appeals
. Appeal from an order of the Q-eneral Term of the Supreme Court, in the eighth judicial district, reversing the judgment entered on the verdict of a jury in favor of the plaintiff for $2,700, and granting a new trial. This was an action brought to recover damages for the breach of covenant to put down an oil well.
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. Appeal from an order of the Q-eneral Term of the Supreme Court, in the eighth judicial district, reversing the judgment entered on the verdict of a jury in favor of the plaintiff for $2,700, and granting a new trial. This was an action brought to recover damages for the breach of covenant to put down an oil well. On the 17th of February, 1865, Chamberlain & Knox leased to the defendant, all of their right, title and interest and claim on lot twenty-six, Cornplanter Bun, Venango county, Pennsylvania. The lease was signed by both parties, and contained the following clause: “ It is further…
1Opinion of the CourtAndrews, J.
The instrument of February 17, 1865, called a lease, conveyed to the defendant all the interest of Chamberlain & King in the premises described therein, and left in them no reversion but a right of entry merely, on breach of condition subsequent.
The defendant, by accepting the conveyance, became bound to perform the stipulation on his part recited therein, although he had not signed it, and the right of re-entry being attached to the covenants, gave them the force of conditions. (Co. Litt., 217, n.; Ransom’s Admr. v. Copland, 2 Sand. Ch., 250; Jackson v. McClellan, 8 Cow., 395.)
The instrument…
2Cases cited2 opinions
- Briggs v. PennimanCourt for the Trial of Impeachments and Correction of Errors · 1826
- Cammeyer v. Corporation of United German Lutheran ChurchesNew York Court of Chancery · 1844
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- Apache Bohai Corp. LDC v. Texaco China BVCourt of Appeals for the Fifth Circuit · 2007
- Hoffer Oil Corporation v. CarpenterCourt of Appeals for the Tenth Circuit · 1929
- Peevyhouse v. Garland Coal & Mining CompanySupreme Court of Oklahoma · 1962
- Ardizonne v. ArcherSupreme Court of Oklahoma · 1919
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