Weaver v. Bentley
New York Supreme Court
THIS was an adtion of affumpfit to recover back the confideration paid on an agreement under feal in the following words—“ November the 26th, 1796. Know all men by iC thefe prefents, that I, Elijah Bentley, do bind myfelf to pro-u cure for James Weaver, Lot No. 67, joining Ballcock’s on (S the weft, which lot I am now in poiTelfion of, which I cc promife to procure fo far as this, on thefe conditions, that £C is, a leafe to be either three years rent free, then to pay the "…
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THIS was an adtion of affumpfit to recover back the confideration paid on an agreement under feal in the following words—“ November the 26th, 1796. Know all men by iC thefe prefents, that I, Elijah Bentley, do bind myfelf to pro-u cure for James Weaver, Lot No. 67, joining Ballcock’s on (S the weft, which lot I am now in poiTelfion of, which I cc promife to procure fo far as this, on thefe conditions, that £C is, a leafe to be either three years rent free, then to pay the " ELIJAH BENTLEY. (L. S.)” The caufe was tried before Mr. Juftice Thompfon, at the circuit court for the county of…
1Per curiam
The defendant covenanted to procure for the plaintiff within a given time, or on demand thereafter, a leafe for certain lands, three years free of rent, then to pay the intereft of £-160 annually, for ten years, in lieu of rent, and at the expiration of that period, to have a conveyance of the fee on payment of the principal fum,in default whereof, twQ *48notes of fixty pounds each, given by the plaintiff to the defendant; were td be void. The plaintiff made certain payments in money and farm ftock to the defendant, who failed to perform his covenant and the plaintiff thereupon, brought…
2Cited by11 opinions
- Burton v. DriggsSupreme Court of the United States · 1874
- Green v. GreenNew York Supreme Court · 1828
- Bannister v. ReadIllinois Supreme Court · 1844
- Whiting v. DerrAppellate Division of the Supreme Court of the State of New York · 1907
- Cooper v. BrownU.S. Circuit Court for the District of Illinois · 1841
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