Brantingham v. Fay
New York Supreme Court
This was an action of debí, for 4000¿. being, the penalty of a certain agreement, made between the plaintiff and defendant, bearing date the 23d May, 1795. The agreement, as set forth in the declaration, was as follows : “ Whereas the said Joseph Fay had received from the said Thomas H. Brantingham a deed, executed unto Oliver Phelps, Esq. of Súfíield, by the said Thomas H. Brantingham and Hannah his wife, for 26,814 acres of land, in the townships of New Huntingdon, Bolton…
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This was an action of debí, for 4000¿. being, the penalty of a certain agreement, made between the plaintiff and defendant, bearing date the 23d May, 1795. The agreement, as set forth in the declaration, was as follows : “ Whereas the said Joseph Fay had received from the said Thomas H. Brantingham a deed, executed unto Oliver Phelps, Esq. of Súfíield, by the said Thomas H. Brantingham and Hannah his wife, for 26,814 acres of land, in the townships of New Huntingdon, Bolton and Sterling, in the state of Vermont, bearing date the samé day and year; the said Joseph did covenant and agree to…
1Opinion of the CourtRadcliff, J.
The deed or instrument on which this action is brought, is obscurely and inartificially expressed ; but the intent of the parties, and the scope of their contract, *314I consider to have been, that the defendant should pay for the lands in case the plaintiff appeared to have a good title, and not otherwise. The defendant, or Phelps, who was his „ principal, and whom he must be deemed to represent, did not choose to rely on the covenants or warranty contained in the plaintiff’s deed, and for that reason, stipulated to pay the consideration money only in case the title should be clearly ascertained…
2Cases cited3 opinions
- Lincoln v. HapgoodMassachusetts Supreme Judicial Court · 1814
- Rundell v. ButlerNew York Supreme Court · 1833
- Second-Street Road ContinuedSupreme Court of Pennsylvania · 1792
3Cited by3 opinions
- Leeds v. . Metropolitan Gas-Light Co.New York Court of Appeals · 1882
- United States v. WithersCourt of Appeals for the Second Circuit · 1904
- State ex rel. Tillotson v. MillerIndiana Supreme Court · 1840