Smith v. . Holbrook
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages for an alleged breach of a covenant contained in a contract between the defendant and Bridget O’Day. By the contract Mrs. O’Day agreed to sell and convey to defendant certain premises for a sum specified.
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Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages for an alleged breach of a covenant contained in a contract between the defendant and Bridget O’Day. By the contract Mrs. O’Day agreed to sell and convey to defendant certain premises for a sum specified. Defendant agreed to pay $4,000 of the purchase-price by assigning and transferring a mortgage on lands on Béaver Island, Michigan. “ Said mortgage to be a valid and subsisting lien on the property…
1Opinion of the CourtAndrews, J.
The contract of October 7,1868, between Mrs. O’Day and Holbrook was wholly executory. Mrs. O’Day agreed to convey to Holbrook the lands described in the contract, for a price named, and Holbrook agreed to pay therefor, as provided therein. The payment of $4,000 of the purchase-price was to be made by the assignment to Mrs. O’Day of the mortgage on the “ Beaver Island ” property. The time for the completion of the contract was not definitely fixed in the contract itself, but performance at some time subsequent to the execution of the contract was contemplated. There was no assignment…
2Cases cited2 opinions
- Day v. . PoolNew York Court of Appeals · 1873
- Morris v. . WhitcherNew York Court of Appeals · 1859
3Cited by5 opinions
- Lambert v. KrumAppellate Terms of the Supreme Court of New York · 1923
- Wynkoop v. Van BeurenNew York Supreme Court · 1892
- Booth-Kelly Lumber Co. v. Oregon & California RailroadOregon Supreme Court · 1926
- Dickinson v. VanceAppellate Division of the Supreme Court of the State of New York · 1898
- Applebee v. DukeNew York Supreme Court · 1891