Noyes v. Moor
Connecticut Superior Court
AotioN of assumpsit, declaring — That in April last, the defendant applied to the plaintiff to procure for him, a deed from J olm Bacon, and wife of a tract of land, particularly described, through, which rail a stream of water, and the privilege of raising the water three feet higher, than a dam then standing on Joshua Powers’s, land; and proposed and engaged that in case the plaintiff would procure for him said deed, he would give his note for such sum as Messrs.
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AotioN of assumpsit, declaring — That in April last, the defendant applied to the plaintiff to procure for him, a deed from J olm Bacon, and wife of a tract of land, particularly described, through, which rail a stream of water, and the privilege of raising the water three feet higher, than a dam then standing on Joshua Powers’s, land; and proposed and engaged that in case the plaintiff would procure for him said deed, he would give his note for such sum as Messrs. Seldon, Eli and Lewis should appraise it to be worth; to which the plaintiff agreed, and promised to procure said deed from said…
1Opinion of the Court
By the Court.
Tliis action is not within tbe statute; which extends to executory agreements and not to agreements executed on one part as tliis is; nor does the law mean to put it in the power of the defendant to take advantage of his own "wrong to impose a gross fraud upon the plaintiff, as would be the case, if after the plaintiff had procured a deed from said Bacon, etc. to the defendant and paid or given security for the land, the defendant might be at liberty to depart from bis agreement.
*144This statute is nearly a copy of a statute in Great Britain, made the 29th of Charles II. almost 100…
2Cited by2 opinions
- King v. WoodruffSupreme Court of Connecticut · 1854
- Towsley v. MooreOhio Supreme Court · 1876