Tingley v. Cutler
Supreme Court of Connecticut
This was an action of debt,'to recover the sum of 150 dollars, commenced in January, 1826. The cause was tried, on the plea of nil debel, at Brooklyn. September term, 1827, before Brainard, J. The declaration consisted of two counts.
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This was an action of debt,'to recover the sum of 150 dollars, commenced in January, 1826. The cause was tried, on the plea of nil debel, at Brooklyn. September term, 1827, before Brainard, J. The declaration consisted of two counts. In the first, the plaintiff stated, That on the 13th of December, 1825, and for a long time previous, he was, and ever since has been, the owner of certain real estate in the town of KHlingly, [describing it] being the same which the plaintiff bought of George B. Hutch-ins, by deed bearing date October 29th, 1825 ; that on said 13th of December, there were…
1Dissent
Hosmer, Ch. J.
The plaintiff has brought an action upon an agreement made by the defendant, that he would purchase of him an estate in land ; in which he has averred title in himseh, performance on his part, and non-performance by the defendant.
To sustain this suit, the plaintiff must prove title and a valid contract in writing; the performance of conditions precedent; and the damages sustained.
My observations will be confined to the non-performance of precedent conditions on the plaintiff’s part, and specifically, to the deficiency of his proof of title.
On this point, two enquiries are…
2Cases cited2 opinions
- Clark v. BeachSupreme Court of Connecticut · 1826
- Talcott v. GoodwinU.S. Circuit Court for the District of Connecticut · 1808