Warren v. Leland
New York Supreme Court
This was an action of replevin in the cepit for 314 white pine saw logs by measure. The defendant pleaded non ce'pit, and annexed to his plea a notice of property in the defendant, &c.
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This was an action of replevin in the cepit for 314 white pine saw logs by measure. The defendant pleaded non ce'pit, and annexed to his plea a notice of property in the defendant, &c. The cause Was tried before Judge Willard, at the Essex county circuit, on the 26th of January, 1847. By a written contract, unsealed, dated December 18,1833, signed by William Stevenson and Dudley Farlin, Stevenson bargained and agreed to sell to Farlin, for the consideration of $800, to be paid in yearly payments of $200 each, with interest annually, the pine timber on lots Ños. 23, 24, 25, 26; 27, 33, 34, 49…
1Opinion of the Court
By the Court, Paige, J.
It is contended that the contract of the date of the 18th of December, 1833, was not a sale of the timber to Farlin, but merely an agreement to sell. By that contract Stevenson “bargained and agreed to sell to Farlin” the pine timber on the lots therein named; Farlin to give his note for the consideration, endorsed by Miles Beach, on or before the 1st of February, 1833. The note of Farlin and Beach was given, in accordance with the contract, and accepted by Stevenson in fulfilment thereof. The word “ bargained,” in the contract, imports a sale in prcesenti, not an…
2Cases cited4 opinions
- Green v. ArmstrongCourt for the Trial of Impeachments and Correction of Errors · 1845
- Jackson ex dem. Gouch v. WoodNew York Supreme Court · 1815
- Jackson ex dem. Livingston v. KisselbrackNew York Supreme Court · 1813
- Thornton v. PayneNew York Supreme Court · 1809
3Cited by19 opinions
- Owens v. LewisIndiana Supreme Court · 1874
- Elmonte Investment Co. v. Schafer Bros. Logging Co.Washington Supreme Court · 1937
- France v. Deep River Logging Co.Washington Supreme Court · 1914
- Kellam v. . McKinstryNew York Court of Appeals · 1877
- Vorebeck v. RoeNew York Supreme Court · 1867
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