Ketchum & Sweet v. Evertson
New York Supreme Court
THIS was an action of assumpsit. The declaration contain- - . x ed the usual money counts, and a count upon an tnsimul computassenti ■ . ■ ' ' - On the 8th of March, 1811, the parties, at Poughkeepsie, entered into a written agreement, by which the defendant contracted to sell to the plaintiff a place called “ the Four Corners, in the town of Washington, and the lands included in a mortgage givén by Ébenezer Haight to M‘ehemiah-Rogers and Daniel R. Lambert, dated the 18th of…
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THIS was an action of assumpsit. The declaration contain- - . x ed the usual money counts, and a count upon an tnsimul computassenti ■ . ■ ' ' - On the 8th of March, 1811, the parties, at Poughkeepsie, entered into a written agreement, by which the defendant contracted to sell to the plaintiff a place called “ the Four Corners, in the town of Washington, and the lands included in a mortgage givén by Ébenezer Haight to M‘ehemiah-Rogers and Daniel R. Lambert, dated the 18th of June, 1809,” for the consideration of 6,000 dollars, part of which, viz. 700 dollars, was to be •i i 7 A , paid oh the…
1Opinion of the Court
Spencer, J.,
delivered the opinion of the court, The plaintiffs seek-to recover of the defendant 700 dollars, paid upon á contract for the conveyance of a farmand it is.contended, that the defendant has violated the contract in several respects : 1st, In this, that the deed executed by the defendant contains no covenants of warranty2d. That the defendants wife has not executed and acknowledged, the deed; and, 3d. That the boundaries' specified in the deed do. not 'embi’ace all the lands constituting the farm at the Four Corners. ’ .: It appears, that the defendant executed a deed of the lands,…
2Cited by53 opinions
- Tipton v. . FeitnerNew York Court of Appeals · 1859
- Vines v. Orchard Hills, Inc.Supreme Court of Connecticut · 1980
- Le Roy v. BeardSupreme Court of the United States · 1850
- Kyle v. KavanaghMassachusetts Supreme Judicial Court · 1869
- Downey v. RiggsSupreme Court of Iowa · 1897
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