Camp v. Morse
New York Supreme Court
Demurrer. The declaration was in covenant on a contract for the sale of lands, by the vendor against the vendee. It set forth articles of agreement between the parties under seal, dated March 19th, 1836, by which the defendant covenanted to pay the plaintiff $660 in manner following: $66 on the execution of the articles, and the remainder in four equal yearly payments with annual interest; in consideration of which the plaintiff covenanted, that if the defendant should make…
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Demurrer. The declaration was in covenant on a contract for the sale of lands, by the vendor against the vendee. It set forth articles of agreement between the parties under seal, dated March 19th, 1836, by which the defendant covenanted to pay the plaintiff $660 in manner following: $66 on the execution of the articles, and the remainder in four equal yearly payments with annual interest; in consideration of which the plaintiff covenanted, that if the defendant should make the several payments according to the contract, that the plaintiff would well and sufficiently grant, bargain, sell,…
1Opinion of the Court
By the Court, Whittlesey, J.
The second special plea to which a replication has been put in seems to present substantially a good defence to the declaration. In Robb v. Montgomery, (20 John. 15,) it is said that if the party whose .duty it is to pay, offers to do so, on receiving a good title, it must be made to him or the contract will be rescinded. This plea seems to have been drawn according to the doctrine of that case. The contract, by its terms, had long since expired. All the payments had been due for several years, and the vendor might have demanded.the whole purchase money by…
2Cases cited3 opinions
- Robb v. MontgomeryNew York Supreme Court · 1822
- Connelly v. PierceNew York Supreme Court · 1831
- Hackett v. HusonNew York Supreme Court · 1829
3Cited by6 opinions
- Gregory v. ChristianSupreme Court of Minnesota · 1890
- Dowdney v. . McCullomNew York Court of Appeals · 1874
- Glenn v. RosslerNew York Supreme Court · 1895
- Tanzer v. Bankers' Land & Mortgage Corp.Appellate Division of the Supreme Court of the State of New York · 1913
- Dowdney v. McCullomNew York Court of Appeals · 1874
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