Legal Opinion

Clark v. Hall

New York Court of Chancery

Decided January 28, 1839PublishedCited by 48 opinions

This was an appeal from an order of the vice chancellor of the eighth circuit. In December, 1834, the defendant contracted with the complainant to sell him a lot of land in the city of Buffalo for $8300; of which purchase money $200 was paid down, and $1875 was to be paid on the 20th of the same month.

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This was an appeal from an order of the vice chancellor of the eighth circuit. In December, 1834, the defendant contracted with the complainant to sell him a lot of land in the city of Buffalo for $8300; of which purchase money $200 was paid down, and $1875 was to be paid on the 20th of the same month. At which time the defendant was to execute and deliver a deed for the premises, and to receive from the complainant a bond and mortgage for $6225, the residue of the purchase money, payable in three equal annual payments, with interest annually. The defendant having neglected or refused to…

1Opinion of the Court

The Chancellor.

I have no doubt as to the power of the vice chancellor in this case to give the necessary directions to compel the complainant, on his part, to perform the agreement for the specific performance of which he had obtained a decree. A decree cannot be varied in substance on petition, without a rehearing. But it may be corrected or amended on motion or petition, as to mere clerical errors; or by the insertion of any provision or direction which would have been inserted as a matter of course, if asked for at the hearing, as a necessary or proper clause to *385carry into effect the…

2Cited by48 opinions

  1. Tyler v. SheaNorth Dakota Supreme Court · 1894
  2. Stannard v. . HubbellNew York Court of Appeals · 1890
  3. Sparks v. HessCalifornia Supreme Court · 1860
  4. Edward P. Fourniquet and Wife, and Martin W. Ewing and Wife v. John PerkinsSupreme Court of the United States · 1854
  5. Willard v. ReasWisconsin Supreme Court · 1870

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