Ellis v. Hoskins
New York Supreme Court
IN ERROR, to the court of common pleas of Onondaga dounty. Hoskins brought an action of assumpsit, to recover back money paid by him to Ellis, on a contract for the sale and purchase of land. On the trial in the court below, the jury found a special verdict.
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IN ERROR, to the court of common pleas of Onondaga dounty. Hoskins brought an action of assumpsit, to recover back money paid by him to Ellis, on a contract for the sale and purchase of land. On the trial in the court below, the jury found a special verdict. On the 19th of September, 1811, the parties entered into articles’of agreement, by which Ellis agreed to convey to Hoskins, “ by a good warrantee deed,” 52 1-2 acres of land, in lot No. 16, in Manlius, on condition that Hoskins should pay to him the sum of 500 dollars ; to wit, ?0 dollars in hand, 30 dollars on the 15th oí February, 1812,…
1Per curiam
There is no averment, oi\proof, of any fraud or deception on the part oí Ellis, in regard to the mortgage; nor is there any evidence -of a breach of the contract on his part. He has acted in good faith; and non constat, that he will not be able- and willing to give a perfect and unincumbered title to the premises, when it becomes his duty to execute a conveyance, according to the covenant. Hoskins has no justifiable cause for Rescinding the contract. For aught that appears, he had full knowledge of the mortgage,-when*he entered into the agreement. To permit, him to recover back the money he…
2Cited by1 opinion
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