Foote v. West
Court for the Trial of Impeachments and Correction of Errors
Error to the Saratoga common pleas. West sued Foote before a justice of the peace and declared in assumpsit, upon the common counts, and also for the breach of an agreement in the following words: “ For and in consideration of one hundred dollars, the receipt whereof is hereby acknowledged, I hereby sell unto Samuel C. West one body pew, being number thirty-three in the Presbyterian church at Saratoga Springs, and hereby agree to execute unto the said Samuel C. a good and…
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Error to the Saratoga common pleas. West sued Foote before a justice of the peace and declared in assumpsit, upon the common counts, and also for the breach of an agreement in the following words: “ For and in consideration of one hundred dollars, the receipt whereof is hereby acknowledged, I hereby sell unto Samuel C. West one body pew, being number thirty-three in the Presbyterian church at Saratoga Springs, and hereby agree to execute unto the said Samuel C. a good and sufficient deed for the same within one year from the date hereof; the said Samuel to take immediate possession thereof,…
1Opinion of the Court
By the Court, Jewett, J.
No question was raised in the court below or on the argument here as to the amount of damages which the plaintiff was entitled to recover, if entitled to recover any thing. The counsel for the plaintiff in error insists, first, that the plaintiff below was bound to demand of the defendant such deed as he claimed he was entitled to have under the agreement, and to wait a reasonable time for the defendant to make out and deliver such deed, and then to have presented himself to receive it. Such, no doubt, is understood to be the rule between vendor and vendee, when by the…
2Cases cited1 opinion
- Hackett v. HusonNew York Supreme Court · 1829
3Cited by5 opinions
- Hartley v. . JamesNew York Court of Appeals · 1872
- Gillespie v. BroasNew York Supreme Court · 1856
- Garlock v. LaneNew York Supreme Court · 1853
- Congregation Shaaer Hashmoin v. HallidayThe Superior Court of New York City · 1865
- Reddington v. HenrySupreme Court of New Hampshire · 1869