Butterfield v. Cooper
New York Supreme Court
Assumpsit ; tried at the Jefferson circuit, December 24fA, 1826, before Williams, C Judge. The action ivas, to recover back about $700, the consideration money paid by the plaintiff to the defendant, on a contract to purchase of the latter a lot of ground called the Hawkinslot.
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Assumpsit ; tried at the Jefferson circuit, December 24fA, 1826, before Williams, C Judge. The action ivas, to recover back about $700, the consideration money paid by the plaintiff to the defendant, on a contract to purchase of the latter a lot of ground called the Hawkinslot. The facts, as proved at the trial, were, that on the 10til March, 1834, the plaintiff agreed to pay the consideration ; and the defendant to convey at the time, and in the manner specified in certain memoranda of the agreement, drawn up and signed by the parties on that day, one of which was retained by each. There was…
1Opinion of the Court
Curia, per
Savage, Ch. J.
Taking the two memo-randa together, the agreement was, that the defendant should convey “ the Haivkins place,” as expressed in the memorandum signed by the defendant. According to the memorandum signed by the plaintiff, the agreement was for the purchase of “ the Hawkins place, containing one hundred acres.” Suppose the defendant had executed a deed in the language of the agreement, “ the Hawkins place, containing one hundred acres ;” how much would the purchaser have taken ? The Hawkins place was a piece of ground, known by that name, because Hawkins had occupied it,…
2Cases cited1 opinion
- Mann v. PearsonNew York Supreme Court · 1806
3Cited by4 opinions
- Wisconsin Marine & Fire Insurance Co. Bank v. WilkinWisconsin Supreme Court · 1897
- Docter v. HellbergWisconsin Supreme Court · 1886
- Bean v. Aetna Life Ins.Tennessee Supreme Court · 1903
- Terrell v. KirkseySupreme Court of Alabama · 1848