Gale v. Nixon
New York Supreme Court
On error from the C. P. of Tioga. The action in the court below was indebitatus assumpsit by the plaintiff against the defendants. The declaration contained counts © ⅜ for lands bargained and sold; for lands bargained,- sold, and possession given ; and lands sold and conveyed ; with the money counts. Plea, the general issue.
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On error from the C. P. of Tioga. The action in the court below was indebitatus assumpsit by the plaintiff against the defendants. The declaration contained counts © ⅜ for lands bargained and sold; for lands bargained,- sold, and possession given ; and lands sold and conveyed ; with the money counts. Plea, the general issue. On the trial in the court below, the plaintiff relied on articles of agreement signed and sealed by the plaintiff only ; and delivered to, and accepted by the defendants, dated April 14ÍA, 1821. These articles purported to be by both parties; naming the plaintiff as of…
1Opinion of the Court
*448 Curia, per
Sutherland, J.
The plaintiff was nonsuif-ec¡ at t}je tn-ai . |jjs right to recover being objected to on three grounds :
1. That the contract was within the statute of frauds, pot being signed by the defendants. 2. That if it was a valid contract, it being sealed, the action should have been covenant. 3. That the deed not baying been tendered by the plaintiff, until after the time stipulated, and the eon-tract, therefore, not having been fulfilled on his part, there could be no implied promise, on the part of the defend¡ants, to pay.
The article of agreement contains a perfect contract…
2Cases cited1 opinion
- Roget v. MerritNew York Supreme Court · 1804
3Cited by19 opinions
- Worrall v. . MunnNew York Court of Appeals · 1851
- Schiffer v. . DietzNew York Court of Appeals · 1881
- Hathaway v. . PayneNew York Court of Appeals · 1865
- Salmon Falls Manufacturing Co. v. GoddardSupreme Court of the United States · 1853
- McPherson v. FargoSouth Dakota Supreme Court · 1898
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