Gallup v. Bernd
New York Supreme Court
On motion for new trial on exceptions taken at the circuit court, Genesee county. Jerome Gallup, plaintiff, sued Jacob Bernd, defendant, who in January, 1880, purchased a farm of plaintiff, took conveyance, and gave his bond, with a mortgage, on the premises, to secure $11,700 of the purchase money.
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On motion for new trial on exceptions taken at the circuit court, Genesee county. Jerome Gallup, plaintiff, sued Jacob Bernd, defendant, who in January, 1880, purchased a farm of plaintiff, took conveyance, and gave his bond, with a mortgage, on the premises, to secure $11,700 of the purchase money. In April, 1887, the defendant paid plaintiff the amount of the bond and mortgage except $1,364.98. The mortgage was discharged, and the bond surrendered, pursuant to an agreement which had been made between the parties that defendant would pay all but a small portion mentioned, and for that give…
1Opinion of the CourtBradley, J.
While it clearly appears that the purpose of the defendant is to seek relief on account of the alleged deficiency in the quantity of land in the farm purchased of the plaintiff, the cause upon which he relies to charge the plaintiff with liability for such deficiency in support of such relief is not very clearly represented or defined by the allegations of the answer. He alleges that, as an inducement to him to purchase the farm, the plaintiff “falsely stated and represented” to him that it contained 230 acres; that the defendant relied upon and was induced by such representation to purchase…
2Cases cited8 opinions
- Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
- Paine v. . UptonNew York Court of Appeals · 1882
- Scriver v. . SmithNew York Court of Appeals · 1885
- Carr v. . ThompsonNew York Court of Appeals · 1881
- Kilmer v. . SmithNew York Court of Appeals · 1879
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