Page v. McDonnell
New York Supreme Court
On the twenty-fourth day of ¡November, 1868, the plaintiff and the defendants made and executed the contract of sale set out in the complaint in this action. At the time the premises described in said contract were subject to certain leases at an aggregate rent of about $4,200 a year, payable monthly in advance; all of which would expire •on the first of May following.
Read the full summary
On the twenty-fourth day of ¡November, 1868, the plaintiff and the defendants made and executed the contract of sale set out in the complaint in this action. At the time the premises described in said contract were subject to certain leases at an aggregate rent of about $4,200 a year, payable monthly in advance; all of which would expire •on the first of May following. The plaintiff, when he executed the contract, knew of the existence of all these leases, and the understanding was that he should receive the rents to accrue thereon from the date of the contract, in consideration of the…
1Opinion of the Court
Spences, J.,
who delivered the opinion of the court, says: “ To say that the subsequent sale of the land gives a.right to the plaintiffs to recover back the money paid on the contract, would, in effect, be saying that the defendant could never sell it without subjecting himself to ah action by the plaintiffs. The plaintiffs peremptorily refused to fulfill the contract; it was in vain, therefore, to keep the land for them. The plaintiffs cannot by their wrongful act impose upon the defendant the necessity of retaining property when his exigencies may require him to sell.”
XIV. Besides, in any…
2Cited by1 opinion
- Rice v. BlissCity of New York Municipal Court · 1883