Childs v. . Smith
New York Court of Appeals
Appeal from the judgment of the late General Term of the Supreme Court in the fourth judicial district, reversing a judgment entered in Saratoga county upon report of referee in favor of plaintiff, and granting a new trial. In April, 1867, plaintiff .was the owner of 150 acres of land situated about two miles east of Saratoga Springs, upon which were two mortgages for about $10,000 in the aggregate.
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Appeal from the judgment of the late General Term of the Supreme Court in the fourth judicial district, reversing a judgment entered in Saratoga county upon report of referee in favor of plaintiff, and granting a new trial. In April, 1867, plaintiff .was the owner of 150 acres of land situated about two miles east of Saratoga Springs, upon which were two mortgages for about $10,000 in the aggregate. Fifty acres of the farm were thought valuable for the manufacture of brick and peat. On the 18th April, 1867, plaintiff conveyed the farm to defendant subject to the encumbrances, upon a parol…
1Opinion of the CourtFolgbb, J.
The contract between the parties, as it stood at the commencement of this action, was not formed at once, but was the result of several changes and modifications. In the first instance (if we take the testimony on which the learned referee seems to have relied), the plaintiff agreed to sell his farm of 150 acres and convey it to the defendant, for the consideration of $20,000. The consideration was to be paid; by the defendant assuming two mortgages upon the premises, which, with accrued interest, were called $10,000; by an exception to the plaintiff from the premises conveyed of four acres,…
2Cited by10 opinions
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- Dudley v. Congregation of the Third Order of St. FrancisNew York Court of Appeals · 1893
- Stevens v. Episcopal Church History Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Conway v. SametNew York Supreme Court · 1969
- Capps & McCreary v. Hastings Prospecting Co.Nebraska Supreme Court · 1894
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