Camp v. Pulver
New York Supreme Court
Motion to set aside report of referees. On the 24th of October, 1842, an agreement in writing and under seal was entered into, between the parties to this suit, whereby the defendant agreed to sell to the plaintiff a farm in the town of Ghent, containing 175J acres, at $70 per acre, subject to a deduction of $142,50; a quit-claim deed, with covenants against his own acts, was to be executed by the defendant on the 15th of December following.
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Motion to set aside report of referees. On the 24th of October, 1842, an agreement in writing and under seal was entered into, between the parties to this suit, whereby the defendant agreed to sell to the plaintiff a farm in the town of Ghent, containing 175J acres, at $70 per acre, subject to a deduction of $142,50; a quit-claim deed, with covenants against his own acts, was to be executed by the defendant on the 15th of December following. The farm was encumbered by two mortgages amounting to $5000 besides interest, the payment of which was to be assumed by the plaintiff as a part of the…
1Opinion of the Court
By the Court, Harris, P. J.
If the contract was in fact void for the defendant’s fraud, there can be no doubt of the plaintiff’s right to maintain an action to recover the value of the property delivered in part performance of it. The goods were wrongfully obtained, and he might have maintained trover for them; or, waiving the tort, he may maintain an action like this, to *93recover what the goods were worth. Upon the trial of such an action, it is proper to show' the circumstances under which the goods came into the defendant’s possession; and for that purpose to prove the contract, and the…
2Cited by8 opinions
- Roth v. PalmerNew York Supreme Court · 1858
- Successions of HoodSupreme Court of Louisiana · 1881
- Barber v. StoneMichigan Supreme Court · 1895
- Purton v. WatsonCity of New York Municipal Court · 1888
- Campbell v. McEleveyOhio Superior Court, Cincinnati · 1859
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