Judd v. Ensign
New York Supreme Court
Ejectment, to recover a part of lot No. 73 of the original town of Hannibal, tried at the Oswego circuit, before the Hon. Hiram Gray, one of the justices of this court, in December, 1848. It appeared upon the trial that the plaintiff had sold the premises in question, consisting of about thirteen acres of land, to the defendant, on the 24th of December, 1841, and an agreement was entered into between the parties, bearing date on that day, by which the plaintiff agreed to…
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Ejectment, to recover a part of lot No. 73 of the original town of Hannibal, tried at the Oswego circuit, before the Hon. Hiram Gray, one of the justices of this court, in December, 1848. It appeared upon the trial that the plaintiff had sold the premises in question, consisting of about thirteen acres of land, to the defendant, on the 24th of December, 1841, and an agreement was entered into between the parties, bearing date on that day, by which the plaintiff agreed to convey the land to the defendant upon his paying the purchase money therefor ; and the defendant, according to the contract…
1Opinion of the Court
By the Court, Gridley, J.
The plaintiff sought to recover in ejectment a farm, which he had sold to the defendant by contract, on the ground that the latter had failed to pay, when due, a small balance of the purchase price of the premises. The justice who held the circuit granted a nonsuit at the trial, which the plaintiff now moves to set aside. And two questions arise upon this motion.
First. Whether the annual pay day, under the contract, fell on the 24th of December or the first of May. The phraseology of the duplicates of the contract differed somewhat in one particular. If that…
2Cited by6 opinions
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- Hall v. WhittierSupreme Court of Rhode Island · 1873
- Harmann v. RoseAppellate Court of Illinois · 1906
- Hyde v. PayneNew York Supreme Court · 1887
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