Staples v. Parker
New York Supreme Court
THIS action was for the breach of a contract to purchase real estate and personal property. The contract contained a clause fixing and liquidating the damages, in case of failure to perform, at $1000. The defendant gave evidence tending to show his readiness and willingness to perform the contract on his part on the 1st April, 1863. During the progress of the trial many objections were made to the admission and rejection of evidence by the respective parties, and exceptions…
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THIS action was for the breach of a contract to purchase real estate and personal property. The contract contained a clause fixing and liquidating the damages, in case of failure to perform, at $1000. The defendant gave evidence tending to show his readiness and willingness to perform the contract on his part on the 1st April, 1863. During the progress of the trial many objections were made to the admission and rejection of evidence by the respective parties, and exceptions taken by each party to the ruling of the court thereon; but at the close of the trial it was agreed by the counsel for…
1Opinion of the Court
By the Court, Bockes, J.
Whatever of irregularity, if any there was, either during the trial or in its ultimate disposition on receiving the verdict of the jury, was expressly waived "by the agreement of the parties made in open court, and entered upon the record. That stipulation the parties had a perfect right to make, and having entered into it, they are concluded by it. It was held in Banks v. American Tract Society, (4 Sandf. Ch. 438,) that a stipulation or engagement made in open court, touching the subject matter of the suit, was a contract which the court was bound to enforce. It has,…
2Cases cited3 opinions
- Bagley v. . PeddieNew York Court of Appeals · 1857
- Clement v. . CashNew York Court of Appeals · 1860
- Hosmer v. TrueNew York Supreme Court · 1854
3Cited by22 opinions
- Dolgin v. DolginNew York Court of Appeals · 1972
- Seidlitz v. . AuerbachNew York Court of Appeals · 1920
- Little v. . BanksNew York Court of Appeals · 1881
- 884 West End Avenue Corp. v. PearlmanAppellate Division of the Supreme Court of the State of New York · 1922
- Smith v. BarnesThe Superior Court of the City of New York and Buffalo · 1894
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