Sanders v. Aldrich
New York Supreme Court
N the 2d of June, 1851, Solomon Aldrich, the defendant, contracted to sell to one George E. Flynt a lot of ground in the village of Binghamton, for $1000, payable in sash and blinds, out of Marsh & Flynt’s shop, as called for; one half the said sash and blinds were to be paid for in cash on delivery, and the other half were to be applied in payment on the contract.
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N the 2d of June, 1851, Solomon Aldrich, the defendant, contracted to sell to one George E. Flynt a lot of ground in the village of Binghamton, for $1000, payable in sash and blinds, out of Marsh & Flynt’s shop, as called for; one half the said sash and blinds were to be paid for in cash on delivery, and the other half were to be applied in payment on the contract. After the payment of $200 and interest on the contract, Aldrich, on the 12th of May, 1858, sold the contract to Taylor & Sanders, (this plaintiff and his then partner,) for $800. and duly transferred it to them, by a common…
1Opinion of the Court
By the Court, Johnson, J.
The defendant, since his assignment to the plaintiff and his partner, has received no money on *68the contract, and this action cannot therefore be maintained, unless the defendant, in conveying the premises to Stowers, has defeated or injuriously affected some of the plaintiff’s legal rights, which the defendant was under obligation to preserve and protect. I take this, to be simply an action at law to recover a sum of money as damages for the violation of some express or implied agreement. How have the plaintiff’s rights been affected by such conveyance 1 The…
2Cited by4 opinions
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- Binswanger v. HewittAppellate Terms of the Supreme Court of New York · 1913
- Lebowitz v. BurdenAppellate Terms of the Supreme Court of New York · 1912
- Plett v. WillsonNew York Supreme Court · 1888