Havens v. . Patterson
New York Court of Appeals
Appeal from the judgment of the General Term in the . fourth judicial district, affirming the' judgment entered upon a referee’s report. On the 22d of ¡November, 1853, the defendant, James Patterson, as vendor, and the defendant, Anthony Furness, 2d, and Thomas Furness, since deceased, as .vendees, entered into a contract for the sale of certain premises in the town of Lisbon, St. Lawrence county, in this State.
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Appeal from the judgment of the General Term in the . fourth judicial district, affirming the' judgment entered upon a referee’s report. On the 22d of ¡November, 1853, the defendant, James Patterson, as vendor, and the defendant, Anthony Furness, 2d, and Thomas Furness, since deceased, as .vendees, entered into a contract for the sale of certain premises in the town of Lisbon, St. Lawrence county, in this State. The vendees paid part of the purchase-money down, and took possession of the premises. Thomas Furness died in May, 1854, and Anthony Furness, 2d, and Julia A. Flora, his widow, were…
1Opinion of the Court
Church, Ch. J.
The service of the notices by Patterson, taking possession of the premises, and the acts and declarations of the parties at the time clearly evince an intention on his part to declare the contract thenceforth at an end, and the payments made thereon forfeited for the default of the purchasers in making payment according to its terms. It is clear, also, that Anthony Furness, 2d, in his own behalf, refused to perform the contract and intended to abandon it ; that he and the widow of Thomas Furness, as administrators, were unable, for the want of personal assets, to make the…
2Cases cited5 opinions
- Carman v. . PultzNew York Court of Appeals · 1860
- Haynes v. HartNew York Supreme Court · 1864
- Williams v. HoughtalingNew York Supreme Court · 1824
- Lawrence v. SimonsNew York Supreme Court · 1848
- Brinkerhoff v. OlpNew York Supreme Court · 1860
3Cited by24 opinions
- Lawrence v. . MillerNew York Court of Appeals · 1881
- Bean v. WalkerAppellate Division of the Supreme Court of the State of New York · 1983
- Downey v. RiggsSupreme Court of Iowa · 1897
- Hayes v. . NourseNew York Court of Appeals · 1889
- Lighthouse Bluffs, Corp. v. Atreus Enterprises, Ltd. (In Re Atreus Enterprises, Ltd.)United States Bankruptcy Court, S.D. New York · 1990
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