Pomeroy v. Drury
New York Supreme Court
In Equity. On the eighth day of September, 1852, the defendant agreed to sell to the plaintiffs a farm of forty-three acres of land, situate near Astoria, in the county of Queens; and to execute and deliver to them a warrantee deed for the said land, on condition that the .plaintiffs paid for the same land $21,995, as follows: “ $10,995 thereof in cash, in thirty days from the date hereof, when the deed for said premises and possession thereof are to be given; $3000 thereof…
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In Equity. On the eighth day of September, 1852, the defendant agreed to sell to the plaintiffs a farm of forty-three acres of land, situate near Astoria, in the county of Queens; and to execute and deliver to them a warrantee deed for the said land, on condition that the .plaintiffs paid for the same land $21,995, as follows: “ $10,995 thereof in cash, in thirty days from the date hereof, when the deed for said premises and possession thereof are to be given; $3000 thereof in one year from the eighth day of October next, and interest thereon at six per cent, the interest to be paid…
1Opinion of the Court
By the Court, Barculo, J.
The sole question to be answered is, whether by this contract the defendant is bound to give the plaintiff a perfect title, including the inchoate right of dower in his wife.
If we were permitted to consider the acts of the parties as our guide, we should have no difficulty in arriving at a conclusion. The tender of a warrantee deed with full covenants, together with the fact sworn to by the defendant, that he applied to his wife and was unable to procure her signature, would show satisfactorily that he considered himself bound to convey a good title. But I cannot…
2Cases cited6 opinions
- Clute v. RobinsonNew York Supreme Court · 1807
- Gazley v. PriceNew York Supreme Court · 1819
- Judson v. WassNew York Supreme Court · 1814
- Carpenter v. BaileyNew York Supreme Court · 1837
- Dearth v. WilliamsonSupreme Court of Pennsylvania · 1816
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Easton v. MontgomeryCalifornia Supreme Court · 1891
- Gray v. SmithU.S. Circuit Court for the District of Northern California · 1896
- Gillespie v. BroasNew York Supreme Court · 1856
- McCord v. MasseyAppellate Court of Illinois · 1894
- Atkins v. BahrettNew York Supreme Court · 1855
1 more not listed; retrieve them via the Exa API.