Harrington v. Higgins
New York Supreme Court
Demurrer to pleas. The plaintiff declared upon articles of agreement, dated 21st March, 1835, whereby he, on performance by the defendants of the covenants on their part, agreed to assign to them a lease of a store in Buffalo; and the defendants, on their part, covenanted to pay to him §300 on the first May, 1835, and to pay the further sum of $300 on [377] the 1st November, 1835, or to give security after the payment of the first §300 for the other §300; in which latter…
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Demurrer to pleas. The plaintiff declared upon articles of agreement, dated 21st March, 1835, whereby he, on performance by the defendants of the covenants on their part, agreed to assign to them a lease of a store in Buffalo; and the defendants, on their part, covenanted to pay to him §300 on the first May, 1835, and to pay the further sum of $300 on [377] the 1st November, 1835, or to give security after the payment of the first §300 for the other §300; in which latter case, the plaintiff to assign the lease on the first day of May, 1835. In July, 1835, the plaintiff brought his suit,…
1Opinion of the Court
By the Court,
Bronson, J.
These are independent covenants. The defendants were to pay $300 of the consideration money, on the first of May, 1835, and the residue on the first day of November thereafter. The plaintiff was not to assign until the last payment was made, unless the defendants, on making the first payment, gave security for the residue. The defendants suffered the first of May to pass without making the payment due on that day, or offering security for the balance. If, on that day, they had tendered the $300 and offered security for the residue, the covenants would then have become…
2Cited by14 opinions
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- Evans v. HarrisNew York Supreme Court · 1853
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