Goodwin v. Holbrook
New York Supreme Court
Demurrer to declaration. On the 20th March, 1816, at Aurelius, an agreement under seal was entered into between H. Goodwin, of Aurelius in Cayuga county, and J. Matthews, of Salina in Onondaga county, whereby Goodwin agreed to sell and convey unto Matthews all his right, interest and claim in and to certain salt works, described as salt lot No. 9 ; and Matthews agreed to pay for the same $1000 in first quality Onondaga salt; $200 to be paid on the 1st October, 1816, $400 on…
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Demurrer to declaration. On the 20th March, 1816, at Aurelius, an agreement under seal was entered into between H. Goodwin, of Aurelius in Cayuga county, and J. Matthews, of Salina in Onondaga county, whereby Goodwin agreed to sell and convey unto Matthews all his right, interest and claim in and to certain salt works, described as salt lot No. 9 ; and Matthews agreed to pay for the same $1000 in first quality Onondaga salt; $200 to be paid on the 1st October, 1816, $400 on the 1st October, 1817, and the res. idue in one year thereafter, with interest from the 1st October, 1816. He further…
1Opinion of the Court
By the Court,
Marcy, J.
It is said that the execution of the writings relative to the salt lot was a condition precedent to the payments to be made by the defendant, and that the declaration is defective in not averring that this was done. It is very evident, from an inspection of the agreement, that the covenant for the conveyance by the plaintiff is independent of the covenant on the part of the defendant. By the first agreement, the conveyance was to be made at a time prior to that on which the consideration, or any part of it, was to be paid; and, though it was extended afterwards to a time…
2Cited by23 opinions
- McKnight v. DunlopNew York Supreme Court · 1848
- Poe v. DuckCourt of Appeals of Maryland · 1853
- Marshall v. FergusonCalifornia Supreme Court · 1863
- Borah v. CurryIllinois Supreme Court · 1850
- Westcott v. PattonColorado Court of Appeals · 1898
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