Utter v. Stuart
New York Supreme Court
THIS was an action by a purchaser, to recover back from a vendor moneys paid by the former upon a contract between the parties for the sale and purchase of land.
1Opinion of the CourtJames, J.
The plaintiff sets forth in his complaint that on the 25th of January, 1854, he entered into a written agreement with the defendant for the purchase of a lot of land, he to pay therefor $300 and interest, $25 at date, $75 at four months, and the balance in one and two years thereafter; that he made the first and second payments, and part of the third; that in June, 1857, he offered to pay the balance, which was declined; that he thereupon tendered the balance and a deed, and demanded its execution, which was also refused, for the reason, as alleged, that the defendant had sold and conveyed…
2Cases cited2 opinions
- Conner v. HendersonMassachusetts Supreme Judicial Court · 1818
- Martin v. Eames & BellowsSupreme Court of Vermont · 1854
3Cited by3 opinions
- Tice v. . ZinsserNew York Court of Appeals · 1879
- Bishop v. StewartNevada Supreme Court · 1878
- Benedict v. SliterNew York Supreme Court · 1894