Hunt v. Farmers' Loan & Trust Co.

Welles, Justice.

Previous to the commencement of this action, the defendants commenced an action against the plaintiff to recover a balance claimed to be due from him, on a contract between the latter and the defendant, Rogers, bearing date 1st October, 1842, by which Rogers agreed to sell and convey to the plaintiff, a tract of land adjacent to the village of Mount Morris, in the county of Livingston, consisting of about 82 acres, for the consideration of $100 per acre, at the times and in the manner therein mentioned.

*417To the complaint in that action the present plaintiff put in his answer, in…