King v. Despard
New York Supreme Court
This was an action of assumpsit tried at the Oswego circuit in June, 1829, before the Hon. Nathan Williams, one of the circuit judges. The action was brought to recover for the building of a tan„bouse by the plaintiffs for the defendant.
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This was an action of assumpsit tried at the Oswego circuit in June, 1829, before the Hon. Nathan Williams, one of the circuit judges. The action was brought to recover for the building of a tan„bouse by the plaintiffs for the defendant. In the summer of 1827, a contract was entered into between the plaintiffs and one W. C. Tilman, whereby the plaintiffs agreed to find the materials and build a tan-house of certain dimensions for Tilman, who was to pay them for it, when finished, $413. The plaintiffs got out the timber and framed it; but before the building was raised or the sills laid,…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The only question in this case is whether the promise was within the statute. To me, it appears to be an original undertaking. The defendant substantially undertook that the plaintiffs should have their pay according to their contract with Tilman. The consideration for this promise is the building of the house. The plaintiffs were bound by their contract to build it, and Til-man to pay them; but when he became unable to pay, they preferred risking the consequences of a breach of their contract. The defendant had purchased the interest of Tilman in the work; it was…
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- Payne v. BaldwinNew York Supreme Court · 1853
- Schultz v. CohenThe Superior Court of the City of New York and Buffalo · 1895
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