Frey v. Johnson
New York Supreme Court
This action was brought on a contract for the sale of plaintiff’s farm, by which the plaintiff claimed to recover $2,000 as liquidated damages for the failure of the defendant to perform on his part. The cause was tried by the court, without a jury.
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This action was brought on a contract for the sale of plaintiff’s farm, by which the plaintiff claimed to recover $2,000 as liquidated damages for the failure of the defendant to perform on his part. The cause was tried by the court, without a jury. By the complaint, the plaintiff averred readiness on his part to perform all the conditions of the agreement by him to be performed; that he had requested the defendant to perform, but that he had neglected, refused, and utterly and entirely failed to do so. By the answer, the defendant denied every material allegation, except the execution and…
1Opinion of the Court
Bockes, Justice.
The plaintiff, by this action, seeks to recover $2,000, as fixed and liquidated damages for a breach of contract.
On the 1st of July, 1856, the parties entered into a contract, in writing and under seal, by which the plaintiff agreed to sell and convey to the defendant, his farm, called the homestead, situated in Palatine, Montgomery county, for the aggregate sum of $19,000 ; the deed to be executed by himself and wife, subject to existing incumbrances to the amount of $11,000, provided and upon condition that the defendant should pay the plaintiff $4,000 on the first of April,…
2Cases cited6 opinions
- Richards v. EdickNew York Supreme Court · 1853
- Williams v. HealeyNew York Supreme Court · 1846
- Van Schaick v. WinneNew York Supreme Court · 1852
- Hepburn v. AuldSupreme Court of the United States · 1803
- Culver v. BurgherNew York Supreme Court · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Kauffman v. RaederCourt of Appeals for the Eighth Circuit · 1901
- Powell v. Dayton, Sheridan & Grand Ronde R. R.Oregon Supreme Court · 1888
- Asling v. McAllister-Fitzgerald Lumber Co.Supreme Court of Kansas · 1926
- Henderson v. WheatonIllinois Supreme Court · 1891
- Powell v. Dayton, Sheridan & Grande Ronde R. R.Oregon Supreme Court · 1887
5 more not listed; retrieve them via the Exa API.