Peters v. McKeon
New York Supreme Court
Error to the superior court of the city of New-York. Peters sued McKeon in the court below in covenant on the following written agreement: On the 16th of February, 1839, the defendant contracted to sell to the plaintiff his farm at Ross-ville, on Staten Island, containing 72 acres, with the farming utensils and stock on the premises, and to execute, on or before the first of May then next, at the office of A. L. Jordan, in the city of New-York, to the satisfaction of said…
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Error to the superior court of the city of New-York. Peters sued McKeon in the court below in covenant on the following written agreement: On the 16th of February, 1839, the defendant contracted to sell to the plaintiff his farm at Ross-ville, on Staten Island, containing 72 acres, with the farming utensils and stock on the premises, and to execute, on or before the first of May then next, at the office of A. L. Jordan, in the city of New-York, to the satisfaction of said Jordan, a good and sufficient warranty deed with full covenants: on condition that the plaintiff, on delivery of the deed,…
1Opinion of the Court
By the Court, Bronson, Ch. J.
When the title to real estate fails after an executed contract of sale, the measure of damages, in an action on the covenants of seisin and for quiet enjoyment, is the consideration money paid, with interest for so long a time as the vendee may be compelled to pay for mesne profits, and the costs of the suit by which he was evicted. He *550can recover nothing for increased value, nor for improvements made on the land. (Staats v. Executors of Ten Eyck, 3 Caines, 111; Pitcher v. Livingston, 4 John. 1; Kinney v. Watts, 14 Wend. 38; Kelly v. Dutch Church, 2 Hill, 115.)…
2Cases cited5 opinions
- Pitcher v. LivingstonNew York Supreme Court · 1809
- Staats v. Executors of Ten EyckNew York Supreme Court · 1805
- Baldwin v. MunnNew York Supreme Court · 1829
- Driggs v. DwightNew York Supreme Court · 1837
- Kinney v. WattsNew York Supreme Court · 1835
3Cited by26 opinions
- Morgan v. BellWashington Supreme Court · 1892
- Foley v. McKeeganSupreme Court of Iowa · 1856
- Hammond v. HanninMichigan Supreme Court · 1870
- Remington Paper Co. v. . O'DoughertyNew York Court of Appeals · 1880
- Conger v. . WeaverNew York Court of Appeals · 1859
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