Briggs v. . Partridge
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York affirming a judgment in favor of defendants, entered upon an order dismissing plaintiffs’ _complaint on trial. (Reported below, 7 J. & S., 339.) This action was brought to recover the purchase-money unpaid under a contract for the purchase and sale of lands.
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Appeal from judgment of the General Term of the Superior Court of the city of New York affirming a judgment in favor of defendants, entered upon an order dismissing plaintiffs’ _complaint on trial. (Reported below, 7 J. & S., 339.) This action was brought to recover the purchase-money unpaid under a contract for the purchase and sale of lands. The complaint alleged that the plaintiffs entered into an agreement in writing with one L. P. Hurlburd, who was acting for and under the authority of the defendants, “ whereby these plaintiffs sold and the defendants through said Hurlburd bought ” a…
1Opinion of the CourtAndrews, J.
The defendant was not a party to the agreement for the sale and purchase of the land. He did not sign it himself, nor did it purport to have been executed for him by Hurlburd. His name does not appear in it, and there is nothing upon the face of the agreement to indicate that he was in any way connected with or interested in the purchase. The covenants in the agreement are solely between the plaintiff and Hurlburd. The former covenants to sell and convey the land to Hurlburd, and Hurlburd covenants to purchase and to pay the purchase-money as stipulated. The defendant took no part in the…
2Cases cited8 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Stackpole v. ArnoldMassachusetts Supreme Judicial Court · 1814
- Dubois v. Delaware & Hudson Canal Co.New York Supreme Court · 1830
- Dykers v. . TownsendNew York Court of Appeals · 1861
- Barker v. Mechanic Fire InsuranceNew York Supreme Court · 1829
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3Cited by132 opinions
- Worrall v. . MunnNew York Court of Appeals · 1851
- Casco National Bank of Portland v. ClarkNew York Court of Appeals · 1893
- Sanger v. WarrenTexas Supreme Court · 1898
- Schaefer v. . HenkelNew York Court of Appeals · 1878
- Stern v. LiebermanMassachusetts Supreme Judicial Court · 1940
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