Pearson v. Williams' administrators
New York Supreme Court
[ *245 ] *Error from the superior court of the city of New-York. The administrators of Williams sued Pearson in the court below, and on the trial gave in evidence a covenant in the following words : “ In consideration that Cornelius Tiebout Williams, for the consideration of twenty-one thousand dollars only, has by deed of this date conveyed to Isaac Green Pearson fourteen lots of land in the twelfth ward of the city of New-Yorlc, to wit, seven on the northeasterly side of…
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[ *245 ] *Error from the superior court of the city of New-York. The administrators of Williams sued Pearson in the court below, and on the trial gave in evidence a covenant in the following words : “ In consideration that Cornelius Tiebout Williams, for the consideration of twenty-one thousand dollars only, has by deed of this date conveyed to Isaac Green Pearson fourteen lots of land in the twelfth ward of the city of New-Yorlc, to wit, seven on the northeasterly side of Sixteenth-street, and seven on the southwesterly side of Seventeenth-street, containing, when taken together, in each of…
1Opinion of the Court
By the Court,
Bronson, J.
The defendant, in consideration that the intestate sold him fourteen lots of land for the sum of twenty-one thousand dollars only, covenanted to do two things—first, to remove from the lots the surplus earth and stone above the corporation level, within a reasonable time ; and second, to erect two brick houses upon the lots by a specified day ; or, in default of erecting such houses, to pay the intestate four thousand dolíais, when afterwards demanded. So far as this action is concerned, we may lay the first branch of the covenant, which relates to the surplus earth…
2Cited by10 opinions
- Morse v. RathburnSupreme Court of Missouri · 1868
- Esmond v. Van BenschotenNew York Supreme Court · 1852
- Williams v. GreenSupreme Court of Arkansas · 1854
- Smith v. BergengrenMassachusetts Supreme Judicial Court · 1891
- Mott v. MottNew York Supreme Court · 1851
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