Legal Opinion

Holmes v. Holmes

New York Supreme Court

Decided October 6, 1851PublishedCited by 20 opinions

This was an action brought to recover $1000 as stipulated damages for the breach of an agreement for the sale of land. On the 10th of January, 1850, the plaintiff and defendant entered into an agreement, under seal, by which the defendant agreed to sell the farm he then resided on, in the town of Hyde Park in the county of Dutchess, to the plaintiff, for the sum of $70 per acre, and that he would, on the first day of May, then next, at the county clerk’s office in the town…

Read the full summary

This was an action brought to recover $1000 as stipulated damages for the breach of an agreement for the sale of land. On the 10th of January, 1850, the plaintiff and defendant entered into an agreement, under seal, by which the defendant agreed to sell the farm he then resided on, in the town of Hyde Park in the county of Dutchess, to the plaintiff, for the sum of $70 per acre, and that he would, on the first day of May, then next, at the county clerk’s office in the town of Poughkeepsie, between the hours of eight o’clock a. m. and six p. m. on receiving from the plaintiff the sum of $70…

1Opinion of the Court

By the Court,

Brown, J.

This is an appeal taken by the defendant from a judgment given against him at the special term. The plaintiff’s action is upon an agreement, under seal, *144for the sale and conveyance of certain lands in the .county of Dutchess. He averred, in his complaint, a readiness to perform the covenants on his part, and “ that he attended at the time and place in the agreement mentioned, and offered and tendered to the defendant the payments in and by the said agreement specified, by a bond and mortgage as therein mentioned, and the payment of the residue in cash.” This was denied…

2Cases cited1 opinion

  1. President of the Bank of the United States v. President of the Bank of GeorgiaSupreme Court of the United States · 1825

3Cited by20 opinions

  1. Campbell-Ewald Co. v. GomezSupreme Court of the United States · 2016
  2. Westlake & Button v. City of St. LouisSupreme Court of Missouri · 1882
  3. Clement v. . CashNew York Court of Appeals · 1860
  4. Smith v. Old Dominion Building & Loan Ass'nSupreme Court of North Carolina · 1896
  5. Schultz v. O'RourkeMontana Supreme Court · 1896

15 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API