Ogsbury v. . La Farge
New York Court of Appeals
Benjamin Ogsbury in 1842 filed his bill in chancery against John La Farge to compel the specific performance of a contract under seal, for the conveyance of lands in Jefferson county, executed in 1823. Various grounds of defence were set up in the answer and relied upon at the hearing in the courts below and in this court, one of which was, a former suit between the same parties and the decree of the court of chancery therein.
Read the full summary
Benjamin Ogsbury in 1842 filed his bill in chancery against John La Farge to compel the specific performance of a contract under seal, for the conveyance of lands in Jefferson county, executed in 1823. Various grounds of defence were set up in the answer and relied upon at the hearing in the courts below and in this court, one of which was, a former suit between the same parties and the decree of the court of chancery therein. The facts relating to this branch of the defence are stated below in the opinion of the court. „ The vice chancellor of the Fifth Circuit, before whom the present cause…
1Opinion of the CourtBronson, J.
The complainant filed a bill for specific performance in 1830, which, in substance, was based on the same case which he makes by the present bill. It is true, that on that occasion he set up a verbal agreement, by which the defendant was to convey the land on the south-east side of the road in payment for the improved land which the complainant surrendered on the opposite side of the road. But he also set forth the written contract, and insisted then, as he does now, that by surrendering the improvements he had paid for the lands o.n the south-east side of the road, and was entitled to a…
2Cited by5 opinions
- Irwin v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1925
- DaCosta v. DibbleSupreme Court of Florida · 1898
- Stevens v. The RailroadsUnited States Circuit Court · 1880
- Kelly v. Town of MilanUnited States Circuit Court · 1884
- Knight v. AtkissonCourt of Appeals of Tennessee · 1875