Campbell v. Gittings
Ohio Supreme Court
This is a writ of error to the Court of Common Pleas of Muskingum county. The plaintiffs brought an action of covenant in the court below, on an article of agreement between the parties under seal. The article was dated March 2d, 1844, and was executed by said Gittings of the one part, and by said Campbell, William Ricketts, A. Baker, and one Simon Shurtliff, since deceased, of the other part.
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This is a writ of error to the Court of Common Pleas of Muskingum county. The plaintiffs brought an action of covenant in the court below, on an article of agreement between the parties under seal. The article was dated March 2d, 1844, and was executed by said Gittings of the one part, and by said Campbell, William Ricketts, A. Baker, and one Simon Shurtliff, since deceased, of the other part. By this article, Gittings sold to Campbell, Ricketts, Baker, and Shurtliff, 1250 acres of land, particularly described therein, and situate in said Muskingum county., The only parts of the article…
1Opinion of the CourtAvery, J.
On examining the article of agreement, we have deemed it important to remark upon such parts of it only, as are found in the statement of the case; and the *355averments of the declaration relating to these portions of the article, are all that require notice in deciding the present cause. Here are covenants to be performed by each of the parties. The defendant agrees to make and deliver to the plaintiffs, a deed for the land, on or before the first of September. The plaintiffs agree to execute and deliver to the defendant, their bond for the purchase money, and also, their mortgage to secure the…
2Cases cited3 opinions
- Bakeman v. PoolerNew York Supreme Court · 1836
- Dustin v. NewcomerOhio Supreme Court · 1837
- McCoy's Administrators v. Bixbee's AdministratorsOhio Supreme Court · 1834