Seers v. Fowler
New York Supreme Court
This was an action of covenant. The plaintiff, in consideration of 1,555 dollars, covenanted to build a house for the defendant, in the manner described in the articles of agreement, dated the 5th February, 3 805. The house was to be completed by the first day of November, 1805. The defendant, on his part, covenanted to pay the plaintiff 750 dollars, on or before the first day of May, then next, and the residue of the said sum of 1,555 dollars, as soon as the house should be…
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This was an action of covenant. The plaintiff, in consideration of 1,555 dollars, covenanted to build a house for the defendant, in the manner described in the articles of agreement, dated the 5th February, 3 805. The house was to be completed by the first day of November, 1805. The defendant, on his part, covenanted to pay the plaintiff 750 dollars, on or before the first day of May, then next, and the residue of the said sum of 1,555 dollars, as soon as the house should be completed. The declaration contained two counts. The first count set forth the articles of agreement, and averred a…
1Opinion of the CourtThompson, J.
The covenants contained in the articles upon which this suit is founded, must be considered mutual and independent. The instrument is dated in February, 1805, by which the defendant covenants to pay the plaintiff’750 dollars, part of the consideration money for the work on the first day of May then next. This was a time prior to that fixed for the completion of any part of the work. The plaintiff’s right of action for the 750 dollars accrued on the first of May; but at this time he could not aver a performance on his part, nor was he under any obligation to have been in a situation to make…
2Cases cited3 opinions
- Bennet v. Executors of PixleyNew York Supreme Court · 1810
- Northrup v. NorthrupNew York Supreme Court · 1826
- Wilcox v. Ten EyckNew York Supreme Court · 1809
3Cited by3 opinions
- Nix v. EllisSupreme Court of Georgia · 1903
- Courcier v. GrahamOhio Supreme Court · 1824
- Sawyer v. HoagU.S. Circuit Court for the Northern District of Illnois · 1872