Ashley v. . Dixon
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial district, affirming a judgment in favor of plaintiffs entered upon a verdict.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial district, affirming a judgment in favor of plaintiffs entered upon a verdict. The action is brought to recover damages to which plaintiffs claim themselves entitled from the following facts: On the 24th of January, 1863, one Edwin L. Patrick, by agreement in writing, contracted to sell and convey to William H. McEachron, plaintiffs’ testator, certain premises in Washington county, the deed to be delivered April 1st, and purchase-money paid April 3d, then next: On the 10th of February, 1863, McEachron…
1Opinion of the Court
Eaul, C.
If this be treated as an action to recover the purchase price of the real estate which McEachron contracted to sell to the defendant, or as an action to recover the liquidated damages mentioned in the contract, the action must fail, for the reason that McEachron did not perform, and was not able to perform, on his part.
If the action be treated, as it was on the trial, as one to recover damages for a conspiracy between the defendant and Patrick to defraud McEachron out of his contract with Patrick, and to prevent the performance of his contract with the defendant, then the action must…
2Cited by26 opinions
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- Insurance Co. v. BrameSupreme Court of the United States · 1878
- Luke v. DuPreeSupreme Court of Georgia · 1924
- Woods v. AyresMichigan Supreme Court · 1878
- S. C. Posner Co. v. JacksonNew York Court of Appeals · 1918
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