Smith v. Ware
New York Supreme Court
IN ERROR, to the court of common pleas of the county of Washington. This was an action of assumpsit, brought, in the court below, by Smith, the plaintiff in error, against Ware, the defendant in error. The declaration consisted merely of the money counts, to which the defendant pleaded non assumpsit. The plaintiff claimed compensation for a deficiency in the quantity of land of a certain farm sold by the defendant to the plaintiff.
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IN ERROR, to the court of common pleas of the county of Washington. This was an action of assumpsit, brought, in the court below, by Smith, the plaintiff in error, against Ware, the defendant in error. The declaration consisted merely of the money counts, to which the defendant pleaded non assumpsit. The plaintiff claimed compensation for a deficiency in the quantity of land of a certain farm sold by the defendant to the plaintiff. At the trial the plaintiff read in evidence a deed from the defendant to the plaintiff, dated the 29th of April 1807, by which the defendant, for the consideration…
1Opinion of the CourtSpencer, J.
It cannot be pretended that the defendant was. under any moral obligation, to pay for the deficiency in the quantity of land sold and conveyed to the plaintiff. There is no pretence of any fraud in relation to the sale, and the deed is very explicit in its terms. The land granted was truly described, and it is evident, from the deed, that the parties do not contract, in reference to any specific quantity of land; for the deed states, that the tract is_ supposed to contain 93» acres. There would be no mutuality between the parties, if we were to say, that the defendant was morally Bound to…
2Cited by24 opinions
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- Goulding v. . DavidsonNew York Court of Appeals · 1863
- Geer v. ArcherNew York Supreme Court · 1848
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