Kempshall v. Stone
New York Court of Chancery
THE bill stated that the defendant, being seized of a lot of land and mill seat, the plaintiff, in January, 1815, entered into articles of agreement with him for the purchase thereof ; and the defendant, in consideration of five hundred dollars, covenanted to convey in fee, to the plaintiff, on the lst#of May, 1816, the lot of land, &tc. (describing it by metes and bounds) to cut a canal, &c., and make a road, &c.
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THE bill stated that the defendant, being seized of a lot of land and mill seat, the plaintiff, in January, 1815, entered into articles of agreement with him for the purchase thereof ; and the defendant, in consideration of five hundred dollars, covenanted to convey in fee, to the plaintiff, on the lst#of May, 1816, the lot of land, &tc. (describing it by metes and bounds) to cut a canal, &c., and make a road, &c. The canal to conduct the water from the river to the mill was to be completed by the 1st of August, 1815. That the plaintiff, on his part, agreed to pay the defendant the five…
1Opinion of the Court
The Chancellor.
This is a bill for the specific per*195Zbrmance of a contract, for the conveyance of land. The defendant sets up matter of excuse in his answer, and states that he had, on the 6th of May, 1817, which was long after the time he had agreed to convey to the plaintiff, and some time before the filing of the bill, conveyed the land in question to a third person, for a valuable consideration, and without notice to such grantee of the agreement. It is to be inferred from the facts in proof, and particularly from the testimony of Elisha Johnson, that the plaintiff was informed of the fact…
2Cases cited1 opinion
- Hatch v. CobbNew York Court of Chancery · 1820
3Cited by26 opinions
- Townsend v. VanderwerkerSupreme Court of the United States · 1895
- Kennedy v. HazeltonSupreme Court of the United States · 1888
- Milkman v. OrdwayMassachusetts Supreme Judicial Court · 1870
- Beal v. ChaseMichigan Supreme Court · 1875
- Saperstein v. Mechanics & Farmers Savings BankNew York Court of Appeals · 1920
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