Conger v. . Weaver
New York Court of Appeals
Action on an executory contract for the sale of a farm in Groton, in the county of Tompkins, by the vendee against the vendor. The contract was dated October 2, 1855. The farm was described as the one owned and occupied by the defendant, containing seventy-three acres, one rood and thirty-nine rods. The plaintiff was to ¡Day $3,800; $1,000 thereof on the 1st day of March then next, and the remainder in seven equal annual installments.
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Action on an executory contract for the sale of a farm in Groton, in the county of Tompkins, by the vendee against the vendor. The contract was dated October 2, 1855. The farm was described as the one owned and occupied by the defendant, containing seventy-three acres, one rood and thirty-nine rods. The plaintiff was to ¡Day $3,800; $1,000 thereof on the 1st day of March then next, and the remainder in seven equal annual installments. There were also included in the sale four cows, one yearling, two calves and six sheep, the hay then in the barn and the grain then sown on the land. The…
1Opinion of the CourtDenio, J.
The new trial was. awarded on the ground that the plaintiff having paid nothing on account of the purchase, and the defendant having acted in good faith, the former, conceding that there was a breach of the contract, was only entitled to nominal damages. In actions upon contract where the facts are undisputed, the animus of the defendant is not usually a material element in determining whether he is liable, or in fixing the amount of the recovery. If the question were res nova, I should say that a vendor who had failed to perform his contract would lie under an equal obligation to indemnify…
2Cases cited3 opinions
- Baldwin v. MunnNew York Supreme Court · 1829
- Peters v. McKeonNew York Supreme Court · 1847
- Brinckerhoff v. PhelpsNew York Supreme Court · 1857
3Cited by21 opinions
- Mack v. . PatchinNew York Court of Appeals · 1870
- Morgan v. BellWashington Supreme Court · 1892
- Hammond v. HanninMichigan Supreme Court · 1870
- BGW Development Corp. v. Mount Kisco Lodge No. 1552Appellate Division of the Supreme Court of the State of New York · 1998
- McCreery v. GreenMichigan Supreme Court · 1878
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