Morange v. Morris
New York Court of Appeals
Arpear from á judgment of the supreme court in the first ■district affirming a judgment upon a verdict’ in favor of the ■plaintiff, which was ordered on the pleadings.
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Arpear from á judgment of the supreme court in the first ■district affirming a judgment upon a verdict’ in favor of the ■plaintiff, which was ordered on the pleadings. The complaint stated that on the 5th day of August, 1857, the parties entered into an agreement in writing, under seal, whereby the defendant agreed to sell to the plaintiff ten ■certain lots of land therein described, in the city of New York, for the sum of $30,000, which the plaintiff agreed to pay to the defendant in manner following: $1,500 on the ■execution of the agreement, the receipt of which was ¡acknowledged; $13,500…
1Opinion of the CourtJames C. Smith, J.
By the terms of the agreement the plaintiff was to pay the sum of $13,500 in cash, and by assuming the mortgages mentioned in the agreement, and to execute his bond and mortgage for the remaining $7,500 on the 21st September, 1857; and the defendant, on receiving such payments and the bond and mortgage at that time, was to convey to the plaintiff the lots in fee free from all incumbrances except said mortgages and the lease. These several acts were to be performed at the same time, and the obligations of the parties in respect to them, were, therefore, mutual and dependent. (Gardiner agt.…
2Cases cited2 opinions
- Carman v. . PultzNew York Court of Appeals · 1860
- Winne v. ReynoldsNew York Court of Chancery · 1837
3Cited by24 opinions
- Ziehen v. . SmithNew York Court of Appeals · 1896
- Bigler v. . MorganNew York Court of Appeals · 1879
- Hartley v. . JamesNew York Court of Appeals · 1872
- Ewing v. . WightmanNew York Court of Appeals · 1901
- Campbell v. PragueAppellate Division of the Supreme Court of the State of New York · 1896
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