Godwin v. Collins
Supreme Court of Delaware
This was an appeal from the decree of the Chancellor sitting in and for Kent County on a bill filed by Daniel C. Godwin ■ against Stephen M. Collins for the specific performance of a written agreement for the sale of a farm to the former by the latter, dismissing the bill, and was heard before Gilpin, C. J.,and Wootten, Houston and Wales, Associate Judges.
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This was an appeal from the decree of the Chancellor sitting in and for Kent County on a bill filed by Daniel C. Godwin ■ against Stephen M. Collins for the specific performance of a written agreement for the sale of a farm to the former by the latter, dismissing the bill, and was heard before Gilpin, C. J.,and Wootten, Houston and Wales, Associate Judges. The only written evidence of the agreement was in a receipt under seal which was as follows : “Kec’d Aug. 20, ’66, of D. 0. Godwin Ten Dolls, in part payment of the purchase money of the farm and premises where I now live, containing sixty…
1Opinion of the Court
Comegys.
There was no foundation in fact for the pretense that the respondent only regarded the instrument in question as a receipt simply, or never supposed that it was an agreement in writing for the sale of the farm, for the fact proved that in a short time afterward he applied to the appellant to release him from the contract, clearly proved the contrary, and that he was well aware of the contents and character of it. Audit was not only a contract, but a complete contract i n itself for that purpose, n otwithstanding it contained no terms or provision for securing the deferred payments,…
2Cases cited7 opinions
- Colson v. ThompsonSupreme Court of the United States · 1817
- King and Others v. Hamilton and OthersSupreme Court of the United States · 1830
- Seymour v. DelancyNew York Supreme Court · 1824
- Abeel & Abeel v. RadcliffNew York Supreme Court · 1816
- Mathews v. TerwilligerNew York Supreme Court · 1848
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3Cited by2 opinions
- Abramson v. Delrose, Inc.District Court, D. Delaware · 1955
- Dominick A. Pulieri v. Boardwalk Properties, LLCCourt of Chancery of Delaware · 2015