Van Eps v. Mayor of Schenectady
New York Supreme Court
THIS was an action of assumpsit, for money had and receiv- £ 7 J e(^’ ^LC-> to Recover hack the consideration money) and interest Pa^ by the plaintiff, for thirty-three lots of land. Plea non as-sump sit. The cause was tried at the Schenectady circuit, in-August,. 1814, before.Mr.
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THIS was an action of assumpsit, for money had and receiv- £ 7 J e(^’ ^LC-> to Recover hack the consideration money) and interest Pa^ by the plaintiff, for thirty-three lots of land. Plea non as-sump sit. The cause was tried at the Schenectady circuit, in-August,. 1814, before.Mr. Justice Spencer,. ' Onthe 8thof October, 1805, the defendants -sold'to the plaintiff, at public auction, as the highest bidder, thirty-three lots of ground, in the city of Schenectady, lying on the Schenectady and Albany turnpike road, to wit,. IXos. 1, 2, 3, 4, 5, 6. 9, 10, 11, „ ,r , „ ,, ’ ■, A, 12, and 13, in…
1Opinion of the CourtYates, J.
In the certificate or Contract executed by the treasurer of the corporation, and countersigned by the purchaser, the lot" sold is mentioned, and that upon the purchaser’s making the payments," particularly stated, a deed will he executed for it by the defendants'Xo, the purchaser; and, in this instance, to the plaintiff, hisheirsand assigns, for ever,. This, certainly, according to the'terms used, does not create an. obligation on the part of the corporation to execute a deed containing the covenants insisted on by the plaintiff. " The deed stated in the case, and offered .to -be executed by…
2Cited by16 opinions
- Vanderbilt v. . SchreyerNew York Court of Appeals · 1883
- Le Roy v. BeardSupreme Court of the United States · 1850
- Curtis Land & Loan Co. v. Interior Land Co.Wisconsin Supreme Court · 1908
- Tymon v. LinokiNew York Court of Appeals · 1965
- Green v. CovillaudCalifornia Supreme Court · 1858
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