Bogart v. Burkhalter
Court for the Trial of Impeachments and Correction of Errors
Demurrer to declaration. The action is assumpsit, and the declaration contains four counts. The first sets out that on the 9th of June, 1343, the defendant, in consideration that the plaintiff would sell and convey to him, by warranty deed, a building lot in the city of New-York, which is described, for the sum of $2850, promised the plaintiff that he would erect on the lot a good brick dwelling house, to be occupied as such, and would not erect thereon any building to be…
Read the full summary
Demurrer to declaration. The action is assumpsit, and the declaration contains four counts. The first sets out that on the 9th of June, 1343, the defendant, in consideration that the plaintiff would sell and convey to him, by warranty deed, a building lot in the city of New-York, which is described, for the sum of $2850, promised the plaintiff that he would erect on the lot a good brick dwelling house, to be occupied as such, and would not erect thereon any building to be occupied in any manner that would be a nuisance to the vicinity of the premises. The plaintiff avers that he did…
1Opinion of the Court
By the Court, Jewett, J.
The demurrer must be overruled. The defendant assumes that the declaration shows that his promises have been performed. In this I think he is in an error. The agreements counted upon show mutual promises: on the one side the plaintiff agreed to sell and convey a certain lot of ground to the defendant by a specified day, and by a particular kind of deed : on the other the defendant agreed to pay a certain sum of money on a certain day to the plaintiff, and to erect a brick dwelling house on the premises, to be occupied as such, and that he would not erect any building…
2Cited by12 opinions
- Morris v. . WhitcherNew York Court of Appeals · 1859
- Witbeck v. . WaineNew York Court of Appeals · 1858
- McKee v. CartledgeCourt of Appeals of Georgia · 1949
- Lambert v. KrumAppellate Terms of the Supreme Court of New York · 1923
- Bennett v. AbramsNew York Supreme Court · 1863
7 more not listed; retrieve them via the Exa API.