Morange v. Morris
New York Court of Appeals
Henry H. Morange sued Peter Morris, in the supreme court, to recover back money paid by plaintiff to defendant on an agreement to purchase certain lands, on the ground that plaintiff had rescinded the agreement, for a failure of the defendant to perform his part of the agreement. The complaint alleged that on August 5, 1887, plaintiff and defendant entered into an agreement whereby defendant agreed to sell plaintiff certain real estate in New York city.
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Henry H. Morange sued Peter Morris, in the supreme court, to recover back money paid by plaintiff to defendant on an agreement to purchase certain lands, on the ground that plaintiff had rescinded the agreement, for a failure of the defendant to perform his part of the agreement. The complaint alleged that on August 5, 1887, plaintiff and defendant entered into an agreement whereby defendant agreed to sell plaintiff certain real estate in New York city. The purchase price was thirty thousand dollars. The agreement acknowledged a deposit or payment on account, of fifteen hundred dollars, made…
1Opinion of the Court
By the Const.
James C. Smith, J.
By the terms of the agreement the plaintiff was to pay the sum of thirteen thousand five hundred dollars, in cash, and by assuming the mortgages mentioned in the agreement, and to execute his bond and mortgage for the remaining seven thousand five hundred dollars, on September 31, 1857; and the defendant, on receiving such payments, and the bond and mortgage at that time, was to convey to the plaintiff the lots in fee, free from all incumbrances except said mortgages and the lease. These several acts were to be performed at the same time, and the *319obligations of…
2Cases cited4 opinions
- Winne v. ReynoldsNew York Court of Chancery · 1837
- Grant v. . JohnsonNew York Court of Appeals · 1851
- Holmes v. HolmesNew York Supreme Court · 1851
- Doty v. CarolusNew York Court of Appeals · 1865