Parker v. Parmele
New York Supreme Court
THIS was an action for a breach of covenant. The plaintiff declared, on an agreement, under seal, dated Nomember 15, 1816, by which he agreed to sell to the defendant, and the defendant agreed to purchase of the plaintiff, one acre of land; (particularly described;) and the defendant covenanted and agreed to pay the plaintiff, as the consideration of the purchase, two hundred and fifty dollars, on the 1st of January, 1818, with lawful interest, &c.; and the plaintiff…
Read the full summary
THIS was an action for a breach of covenant. The plaintiff declared, on an agreement, under seal, dated Nomember 15, 1816, by which he agreed to sell to the defendant, and the defendant agreed to purchase of the plaintiff, one acre of land; (particularly described;) and the defendant covenanted and agreed to pay the plaintiff, as the consideration of the purchase, two hundred and fifty dollars, on the 1st of January, 1818, with lawful interest, &c.; and the plaintiff covenanted and agreed, that upon the faithful performance of the covenants aforesaid, he would execute to the defendant, bis…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court.
1. Is it competent to the defendant to draw in question the plaintiff’s title to the lot ? and what is the true and just construction of the plaintiff’s covenant as to title ?
In Gazely v. Price, (16 Johns. Rep. 268.) I delivered the opinion of the Court, and supposed I had not only expressed the opinion of my brethren, but had, also, given effect *132to the spirit of all the antecedent cases upon the subject, 'i endeavour to show that that case was rightly determined, and that it governs this case, in the point now under consideration. The words…
2Cited by40 opinions
- Burwell v. . JacksonNew York Court of Appeals · 1854
- Lewis & Co. v. ChisholmSupreme Court of Georgia · 1881
- Sanford v. CloudSupreme Court of Florida · 1880
- Hapgood v. ShawMassachusetts Supreme Judicial Court · 1870
- Calkins v. LongNew York Supreme Court · 1855
35 more not listed; retrieve them via the Exa API.