Wells v. Smith
New York Court of Chancery
This was an appeal from the decree of the vice chancel™ lor of the first circuit dismissing the complainant’s bill. The facts of the case and the vice chancellor’s opinion are contained in the report of the case before him. (See 2 Edw, Ch. Rep. 78.)
1Opinion of the Court
The Chancellor.
This bill is filed to compel a specific performance of a contract for the sale of a lot of land in New-York, the complainant having failed to perform the contract on his part within the time stipulated. And the only questions are, w'hether upon an executory contract of sale, parties may make time an essential part of the contract, so that this court will not relieve against a non-compliance at the day; and whether it was the intention of the parties in this case to make the payment of the money on *23or before the time stipulated an essential part of the agreement.
There cannot be…
2Cited by39 opinions
- Bruce v. . TilsonNew York Court of Appeals · 1862
- Mathews v. JarrettWest Virginia Supreme Court · 1882
- People's Bank v. . MitchellNew York Court of Appeals · 1878
- Morgan v. BergenNebraska Supreme Court · 1874
- Ish v. Morgan, McRae & Co.Supreme Court of Arkansas · 1886
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