West v. Emmons
New York Supreme Court
THIS was an action of covenant. The declaration stated, that by articles of agreement, dated the 7th April, 1807, the defendant covenanted and agreed to sell and convey unto the plaintiff, his heirs and assigns, by a good and sufficient deed in the law, a certain lot of land in the town of Onondaga, &c. the said deed to be executed on or before the 25th April, 1807; and that the plaintiff, by the same agreement, did covenant to reconVey, by indenture of mortgage, to the…
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THIS was an action of covenant. The declaration stated, that by articles of agreement, dated the 7th April, 1807, the defendant covenanted and agreed to sell and convey unto the plaintiff, his heirs and assigns, by a good and sufficient deed in the law, a certain lot of land in the town of Onondaga, &c. the said deed to be executed on or before the 25th April, 1807; and that the plaintiff, by the same agreement, did covenant to reconVey, by indenture of mortgage, to the plaintiff, the same lot of land, to be executed and delivered to the defendant, on the execution of the deed from the…
1Opinion of the CourtVan Ness, J.
It would be difficult to reconcile all the cases on this subject. A general principle which pervades them all is, that where the plaintiff himself is to do an act to entitle him to the action, he must either show the act done, or, if it is not done, at least that he has performed every thing that was in his power, and which he was bound to do. The difficulty is in the application of the principle to particular cases. The covenants in the case before us are dependant. The defendant contracted, on a given day, to execute a conveyance of the property; and the plaintiff, to secure the money to be…
2Cited by15 opinions
- Lewis & Co. v. ChisholmSupreme Court of Georgia · 1881
- Morris v. SliterCourt for the Trial of Impeachments and Correction of Errors · 1845
- Van Schaick v. WinneNew York Supreme Court · 1852
- Partridge v. DykinsSupreme Court of Oklahoma · 1911
- Posey v. ScalesIndiana Supreme Court · 1876
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