Farmers' Loan & Trust Co. v. Hunt
New York Supreme Court
This was a motion by the plaintiffs for a new trial, on a bill of exceptions. In October, 1838, the plaintiff, B. W. Rogers, conveyed a large tract of • land to the Farmers’ Loan and Trust Company, in trust for his creditors. In October, 1842, with the assent of the company, he contracted with the defendant Hunt to convey to him a part of the tract, supposed to contain 82-t acres, at $100 per acre.
Read the full summary
This was a motion by the plaintiffs for a new trial, on a bill of exceptions. In October, 1838, the plaintiff, B. W. Rogers, conveyed a large tract of • land to the Farmers’ Loan and Trust Company, in trust for his creditors. In October, 1842, with the assent of the company, he contracted with the defendant Hunt to convey to him a part of the tract, supposed to contain 82-t acres, at $100 per acre. It in fact contained only 79T°5\ acres, and was by the agreement, to be paid for accordingly; so that the whole purchase money was to be $7,969. The money was to be paid, $500 on the 1st of…
1Opinion of the CourtEdwards, J.
This action is brought upon a contract made by Rogers, one of the plaintiffs, with the defendant, for the sale of a tract of land. The contract is dated on the 1st day of November, 1842, and provides that the consideration money shall be paid in certain installments, and that, after all the payments shall be made as agreed by the parties, Rogers shall execute a warranty deed of the premises to the defendant. The action was commenced before all the payments had become due.
The defenses set up were: First, that Rogers had not performed that part of the contract in which he agrees that when two…
2Cases cited1 opinion
- Rogers v. SalmonNew York Court of Chancery · 1841
3Cited by3 opinions
- Shenners v. PritchardWisconsin Supreme Court · 1899
- Tyng v. Theological Seminary of the Protestant Episcopal Church in the Diocese of OhioThe Superior Court of New York City · 1880
- New Haven & Northampton Co. v. QuintardThe Superior Court of New York City · 1869