Fuller v. Williams & Hubbard
New York Supreme Court
Aeter a new trial was granted in this cause on the case, as stated ante, 13, S. 0., the plaintiff again carried it down for trial, at the Chenango cicruit, in January, 1826, when *it was tried before Nelson, C. Judge; and a verdict was taken for the plaintiff, subject to the opinion of this court; • 1 1 „ . , • .5 „ „ ’ with leave for either party to turn it mto a bill of exceptions or special verdict. It is not material to state the case at length.
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Aeter a new trial was granted in this cause on the case, as stated ante, 13, S. 0., the plaintiff again carried it down for trial, at the Chenango cicruit, in January, 1826, when *it was tried before Nelson, C. Judge; and a verdict was taken for the plaintiff, subject to the opinion of this court; • 1 1 „ . , • .5 „ „ ’ with leave for either party to turn it mto a bill of exceptions or special verdict. It is not material to state the case at length. It is little more than an extension or illustration of the principle contained in the former report; that where one contracts to L 7 convey land,…
1Opinion of the Court
Curia, per Woodworth, J.
When this cause was before the court on a former occasion, (6 Cowen, 13,) wé decided that, in order to sustain an action by the purchaser of land on a contract 'to convey, it was necessary to demand a deed of the vendor; and after waiting a reasonable time, to call on him and offer to receive it..
The case now to be considered contains additional evidence, and presents several new questions.
Smith, the intestate, contracted to convey to the plaintiff a lot of land, after receiving payment. He received a part in his lifetime; and his administrators, the defendants, since…
2Cases cited2 opinions
- Connelly v. PierceNew York Supreme Court · 1831
- Wells v. SmithNew York Court of Chancery · 1833
3Cited by5 opinions
- Cooper v. BrownU.S. Circuit Court for the District of Illinois · 1841
- Ritchie v. BennettAppellate Division of the Supreme Court of the State of New York · 1898
- Smith v. HenrySupreme Court of Arkansas · 1846
- Hoyt v. HallThe Superior Court of New York City · 1858
- Kohler's AppealSupreme Court of Pennsylvania · 1861