Osborne v. Lawrence
New York Supreme Court
Demurrer to declaration. The plaintiff in his first count declares on a written agreement, bearing date 7th June, 1826, by which the defendant, for and in consideration of $255 in vaiue received, promised to contract to the plaintiff' a certain of land, at $4 per acre, and to endorse on the contract the said sum of $255; the lot is described as situate in the . town of Lyme,'m the county of Jefferson, as beginning at the comer of a certain lot, and certain courses and…
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Demurrer to declaration. The plaintiff in his first count declares on a written agreement, bearing date 7th June, 1826, by which the defendant, for and in consideration of $255 in vaiue received, promised to contract to the plaintiff' a certain of land, at $4 per acre, and to endorse on the contract the said sum of $255; the lot is described as situate in the . town of Lyme,'m the county of Jefferson, as beginning at the comer of a certain lot, and certain courses and distances are given, but the description is not such as to enable the quantity of land to be ascertained by…
1Opinion of the Court
By the Court,
Sutherland, J.
The agreement as stated in the first count, which is the least imperfect of the three first counts, does not specify when or where the contract to be given by the defendant was to be delivered, nor when, nor in what manner the balance of the consideration money was to be paid or secured,.and it leaves the quantity of acres in the lot uncertain, and of course the balance of the purchase money to be paid. Nor does it specify the estate or interest which the defendant was bound to convey. The contract in its terms being defective in these respects, the plaintiff should…
2Cited by6 opinions
- Pope v. Terre Haute Car & Manufacturing Co.New York Court of Appeals · 1887
- Mendel v. LeaderSupreme Court of Georgia · 1911
- Canfield v. MerrickSupreme Court of Connecticut · 1836
- Pearsoll v. FrazerNew York Supreme Court · 1853
- Jacocks v. MorrisonAppellate Division of the Supreme Court of the State of New York · 1912
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