North's Administrators v. Pepper
New York Supreme Court
Demurrer to declaration. The plaintiffs in the first count of the declaration set forth an agreement under seal between the intestate, Robert North, and the defendant, Elijah Pepper, bearing date 15th December, 1837, whereby the intestate agreed to sell and convey to the defendant a farm for the sum of $3200, and that on the first day of May, then next, he would execute to the defendant a proper conveyance of the farm in fee, containing a general warranty and the usual full…
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Demurrer to declaration. The plaintiffs in the first count of the declaration set forth an agreement under seal between the intestate, Robert North, and the defendant, Elijah Pepper, bearing date 15th December, 1837, whereby the intestate agreed to sell and convey to the defendant a farm for the sum of $3200, and that on the first day of May, then next, he would execute to the defendant a proper conveyance of the farm in fee, containing a general warranty and the usual full covenants; and the defendant agreed on the first day of May, on the execution of the conveyance, to pay the above sum.…
1Opinion of the Court
By the Court,
Nelson, Ch.-J.
In the first count there is no averment of a tender of the deed, or readiness to deliver it; but it is averred that before the first day of May, to" wit, on 6th January preceding, the defendant by writing gave notice-to the plaintiff that he had determined not to take his farpa, had abandoned ¡the agreement and refused to perform, &c. Upon well settled rules of pleading, this dispensed with an offer or readiness to perform on the -part of the plaintiff, as it showed; that’such step would have been but an idle ceremony. 1 Chitty, 318. Dougl. 684. 1 T. K 683. 5 Cowen,…
2Cases cited1 opinion
- Harrington v. HigginsNew York Supreme Court · 1837
3Cited by12 opinions
- Hawley v. SmithIndiana Supreme Court · 1873
- Carpenter v. HolcombMassachusetts Supreme Judicial Court · 1870
- Durland v. PitcairnIndiana Supreme Court · 1875
- Gray v. SmithCourt of Appeals for the Ninth Circuit · 1897
- Turner v. ParryIndiana Supreme Court · 1866
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