James v. . Burchell
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, affirming a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. (Reported below, 7 Daly, 531.) This action was brought to recover damages for the alleged failure of defendant to perform a contract.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, affirming a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. (Reported below, 7 Daly, 531.) This action was brought to recover damages for the alleged failure of defendant to perform a contract. On January 11, 1871, the parties entered into a contract by which the plaintiff, Sarah James, in consideration of one dollar, agreed “ to sell and convey, or cause to be conveyed,” as there- • inafter stated, to the defendant, four lots of land…
1Opinion of the CourtMiller, J.
The plaintiffs, in their contract with the defendant, covenanted that Sarah James, one of them, was seized in her own right of a good title to the premises in fee simple which were to be conveyed to the defendant; and it was further provided, that the plaintiffs, if they so desire, could mortgage each of the lots to the amount of $15,000. On the same day after the contract bears date, and when the parties acknowledged its execution, the plaintiffs conveyed the. premises by warranty deed to one Findull, subject to no incumbrances whatever, f The question presented is, whether the plaintiffs…
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