Judson v. Wass
New York Supreme Court
THIS was an action of assumpsit, brought to recover da__ x . i _ mages for breach of an agreement for the purchase of land, The agreement was contained in certain terms, or conditions of sale at public auction, which had been subscribed by the defondant, and, subject to which, he had bid for and purchased the land in question.
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THIS was an action of assumpsit, brought to recover da__ x . i _ mages for breach of an agreement for the purchase of land, The agreement was contained in certain terms, or conditions of sale at public auction, which had been subscribed by the defondant, and, subject to which, he had bid for and purchased the land in question. The terms of sale were as follows: 1st. Within seventy-five hours after the sale, each purchaser to pay one fifth of the purchase money, or give an approved note, payable in ninety days with interest. 2d. After such payment made, or note given, Nathaniel Judson, (the…
1Opinion of the CourtVan Ness, J.
There can be no question that the giving of the note, deed, bond, and mortgage, were all to be simultaneous acts. This is the fair construction of the conditions of sale, taking them all together; and many of the cases that have been cited fully support this construction. Even if it were otherwise, as the plaintiff was not in a situation to convey a title, according, to the terms of the sale, the defendant was not bound to carry into effect any of the stipulations on his part. It is now well settled that where, by the conditions of sale, the vendee is required to deposite part of the purchase…
2Cited by18 opinions
- Burwell v. . JacksonNew York Court of Appeals · 1854
- Seymour v. DelancyNew York Supreme Court · 1824
- James v. . BurchellNew York Court of Appeals · 1880
- Tucker v. WoodsNew York Supreme Court · 1815
- Lawrence v. DoleSupreme Court of Vermont · 1839
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