Benedict v. Lynch
New York Court of Chancery
THIS was a bill for the specific performance of an agreement for the sale of the land. The plaintiff stated, that, on the 28th of March, 1810, he contracted with the defendant for the purchase of land, described in the agreement signed by the defendant, which was as follows : “ that it was thereby agreed between the parties, that the defendant sell to the plaintiff a piece of ground, (described therein,) containing 39 acres, at 14 dollars and 50 cents per acre, and upon the…
Read the full summary
THIS was a bill for the specific performance of an agreement for the sale of the land. The plaintiff stated, that, on the 28th of March, 1810, he contracted with the defendant for the purchase of land, described in the agreement signed by the defendant, which was as follows : “ that it was thereby agreed between the parties, that the defendant sell to the plaintiff a piece of ground, (described therein,) containing 39 acres, at 14 dollars and 50 cents per acre, and upon the following conditions being performed, to wit, that the plaintiff pay to the defendant 250 dollars in one year; {March,…
1Opinion of the Court
The Chancellor.
I have considered this case with great attention, and I cannot discover any just principle *373arising out of the facts that will warrant a decree for a specific performance.
The bill is founded on an agreement of the 28th of March, 1810, signed by the defendant only, and by which he agreed _ to sell to the plaintiff the land in question, “ upon the following conditions being performed at the times stipulated, to wit, that the plaintiff should pay the defendant 250 dollars within one year; one third of the remainder in one year thereafter; one third in the next year; and the balance…
2Cited by63 opinions
- Ormsby v. GrahamSupreme Court of Iowa · 1904
- Hodges v. KowingSupreme Court of Connecticut · 1889
- Maffet v. Oregon & Cal. RailroadOregon Supreme Court · 1905
- Groesbeck v. . MorganNew York Court of Appeals · 1912
- Levin v. . DietzNew York Court of Appeals · 1909
58 more not listed; retrieve them via the Exa API.