M'Crea v. Purmort
Court for the Trial of Impeachments and Correction of Errors
Appeal from chancery. Previous to the year 1812, John Purmort was in possession of about thirty five acres of land in the county of Essex, under color of title. In 1812 he ascertained that his title was defective, and that the estate was in James M’Crea, with whom he accordingly entered into a contract for the purchase of the property.
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Appeal from chancery. Previous to the year 1812, John Purmort was in possession of about thirty five acres of land in the county of Essex, under color of title. In 1812 he ascertained that his title was defective, and that the estate was in James M’Crea, with whom he accordingly entered into a contract for the purchase of the property. A written contract was drawn up, bearing date 7th May, 1812, signed and sealed by M’Crea, but not by Purmort; whereby it was stated that M’Crea had agreed to release to Purmort all his interest in the land for the sum of $2000, to be paid in four equal annual…
1Opinion of the CourtCowen, J.
The objection that the agreement of 1812 is void, as being signed by M’Crea only, thus wanting mutu ality, and that it must therefore go for nothing in the case is well answered by the learned vice chancellor of the first circuit, in Hunter’s case, I Edw. Ch. R. 5. After noticing the objection that the covenant to sell was not mutual, the vendee not being bound to purchase, and that the covenant was “one-sided,” he remarks, “ The cases of Parhhurst v Van Cortlandt, 1 Johns. Ch. 282, and Benedict v. Lynch, ib. 370, have been referred to as establishing this point. Chancellor Kent there…
2Cases cited13 opinions
- Kane v. BloodgoodNew York Court of Chancery · 1823
- Henry Miller's Heirs & Devisees v. M'IntyreSupreme Court of the United States · 1832
- Wilkinson v. ScottMassachusetts Supreme Judicial Court · 1821
- Parkhurst v. Van CortlandtNew York Court of Chancery · 1814
- Davenport v. MasonMassachusetts Supreme Judicial Court · 1818
8 more not listed; retrieve them via the Exa API.
3Cited by173 opinions
- Atlantic Northern Airlines, Inc. v. SchwimmerSupreme Court of New Jersey · 1953
- Hutchison v. RossNew York Court of Appeals · 1933
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- Justice v. . LangNew York Court of Appeals · 1870
- Worrall v. . MunnNew York Court of Appeals · 1851
168 more not listed; retrieve them via the Exa API.