M'Nish v. Coon
New York Supreme Court
Error, from the Washington common pleas. M’Nish, tire intestate, sued Coon on an instrument in writing, dated 2d December, 1823, whereby Coon promised to pay M’Nish $63,-70 in sawing to be done at the mill near the house of Daniel Coon; tobeperfonned duringtheterm specified in a lease made by D. R to A. M’Nish, date 6th November, 1816, and which lease expires on the 6th November, 1825. The plaintiff declared specially on the contract, and the declaration also contained a…
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Error, from the Washington common pleas. M’Nish, tire intestate, sued Coon on an instrument in writing, dated 2d December, 1823, whereby Coon promised to pay M’Nish $63,-70 in sawing to be done at the mill near the house of Daniel Coon; tobeperfonned duringtheterm specified in a lease made by D. R to A. M’Nish, date 6th November, 1816, and which lease expires on the 6th November, 1825. The plaintiff declared specially on the contract, and the declaration also contained a count in indebitatus assumpsit. The making of the contract and the consideration therefor were proved, and also that the…
1Opinion of the Court
By the Court,
Sutherland, J.
The sale and removal of the mill in the fore part of October is a decisive fact against the defendant. The plaintiff had a right to wait as long as he pleased before he demanded the sawing, so that time enough was left to the defendant to perform it before the expiration of the lease, which was the sixth day of November. There is nothing in the case to show that a month was not more than sufficient for that purpose; and in the fore part of October, *28before the plaintiff was obliged to make the demand, the dexo v fendant had disabled himself from performing, by the…
2Cases cited1 opinion
- Lovett v. CornwellNew York Supreme Court · 1831
3Cited by2 opinions
- Thomas v. DickinsonNew York Supreme Court · 1852
- Thayer v. TurnerMassachusetts Supreme Judicial Court · 1844