Crane v. Maynard
New York Supreme Court
This was an action of covenant, tried at the Onondaga cir-circuit in October, 1831, before the Hon. Daniel Moseley, one of the circuit judges.
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This was an action of covenant, tried at the Onondaga cir-circuit in October, 1831, before the Hon. Daniel Moseley, one of the circuit judges. The plaintiff declared on a contract under seal, entered into between him and the defendant on the first day of April, 1830, whereby the defendant agreed to sell, and by a good warranty deed convey unto the plaintiff a lot in the village of Salina; and to erect thereon a dwelling house and other buildings, finishing the same in a manner particularly specified in the contract, and to deliver to the plaintiff the deed of the lot on the completion of the…
1Opinion of the Court
*411 By the Court,
Sutherland, J.
The judge was correct in the decisions made by him. The second agreement, as it is called, was nothing more than evidence of an extension of the time of performance of the original, agreement. It purports to be no more upon the face of it; and it is shown by the testimony of the witness who drew it, that such was the intent and understanding of the parties in relation to it.
By the original contract, the defendant was to convey the premises to the plaintiff, and he was to give his bond and mortgage when the work was completed; which was to have been in the month of…
2Cases cited1 opinion
- Russell v. LytleNew York Supreme Court · 1831
3Cited by3 opinions
- Clark v. DalesNew York Supreme Court · 1855
- Clarke v. MeigsThe Superior Court of New York City · 1863
- Vasseur v. LivingstonThe Superior Court of New York City · 1855