Dodd v. Seymour
Supreme Court of Connecticut
IN ERROR. This was a bill in chancery, brought by Horace Seymour against James Dodd, setting forth an agreement between the parties, and praying for a specific execution thereof.
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IN ERROR. This was a bill in chancery, brought by Horace Seymour against James Dodd, setting forth an agreement between the parties, and praying for a specific execution thereof. The agreement was in these words: “We, the subscribers, agree to lay out a road running from Washington street, Eastward, to intersect a new road laid out by Horace Seymour; said road is to be fifty feet in width, and the North line to start from the South end of James Dodd’s corn-house, and taking fifty feet from the South end of said Seymour’s lot; and said Dodd is to deed to said Seymour twenty feet of land on the…
1Opinion of the Court
Church, Ch. J.
This bill asks for the specific execution of a certain part of a written contract, entered into between these parties;—a stipulation by the defendant, to convey to the plaintiff twenty feet of land, as described in the agreement, dated July 10, 1842.
The first difficulty which meets us, is, that it does not appear from the face of the agreement itself, nor from any averment in the bill, nor by the finding of the court, that there was any consideration for this undertaking by the defendant. It is true, that the court, in its finding, referring to the allegations and facts in the…
2Cited by2 opinions
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- Lounsbery v. LocanderSupreme Court of New Jersey · 1874