Franchot v. Leach
New York Supreme Court
Covenant, tried at the Chenango circuit, June 22d, 1825, before Nelson, C. Judge; The action was on an agreement dated April 5th, 1824; plaintiff agreed to sell to the defendant a lot of land for $300; and to execute a deed by the 1st day of July (then) next; in consideration whereof, the defendant agreed then to pay $100, and give a bond and mortgage for the balance.
Read the full summary
Covenant, tried at the Chenango circuit, June 22d, 1825, before Nelson, C. Judge; The action was on an agreement dated April 5th, 1824; plaintiff agreed to sell to the defendant a lot of land for $300; and to execute a deed by the 1st day of July (then) next; in consideration whereof, the defendant agreed then to pay $100, and give a bond and mortgage for the balance. It was in evidence at the trial, that imrnedi atQly and with in a few minutes after the execution of this agreement, the parties agreed by parol that the office of Birdsall & Buttolph, in Norwich, Chenango county, should he the…
1Opinion of the Court
Curia, per Savage, Ch. J.
The delivery of the deed was, no doubt, a condition precedent to the payment of the money; and, but for the parol agreement, the plaintiff must have sought the defendant, and offered him the deed. There can be no doubt that a written contract cannot be contradicted by parol; and that all which passes between parties previous to a writing, is merged in the writing. But in this agreement no place was mentioned for the performance of it; and surely it was competent for the defendant, at any time after the execution of the agreement, to' designate the place where it…
2Cases cited2 opinions
- Vrooman v. PhelpsNew York Supreme Court · 1807
- Dorr v. MunsellNew York Supreme Court · 1816
3Cited by31 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Hartshorn v. DaySupreme Court of the United States · 1857
- Shaw v. . Republic Life Ins. Co.New York Court of Appeals · 1877
- Leaird v. . SmithNew York Court of Appeals · 1871
- Nelson v. . Plimpton Fire-Proof E. Co.New York Court of Appeals · 1874
26 more not listed; retrieve them via the Exa API.