Legal Opinion

McKechnie v. Sterling

New York Supreme Court

Decided March 4, 1867PublishedCited by 14 opinions

PPEAL by the defendant from a judgment entered on the verdict of a jury. The action was brought to recover the sum of $200, the consideration, agreed to be paid by the defendant on the purchase of an interest in real estate.

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PPEAL by the defendant from a judgment entered on the verdict of a jury. The action was brought to recover the sum of $200, the consideration, agreed to be paid by the defendant on the purchase of an interest in real estate. The plaintiffs, in their complaint, alleged that on or about the 3d day of June, 1862, the plaintiffs being the owners of a certain building situated upon premises of Caroline and Julia W. Jackson, on the east side of Main street in the village of Canandaigua, and being the holders of a lease of said lot for the ground rent of $70 per year, payable semi-annually, which…

1Opinion of the Court

By the Court, E. Darwin Smith, J.

By the contract between the parties of the date of J une 3d, 1862, the plaintiffs agreed to sell, and the defendant to purchase all the right of the plaintiffs in the premises therein described, for the consideration of $200. The plaintiffs had a leasehold interest in the premises, subject to a rent of $70 per annum, which term would expire on the first of March thereafter, with the privilege of a renewal for two years longer, from the said first of March. The building on the premises was erected by the plaintiffs, but it does not appear that they had any…

2Cases cited3 opinions

  1. Moore v. BurrowsNew York Supreme Court · 1861
  2. McGivney v. Phœnix Fire InsuranceNew York Supreme Court · 1828
  3. Wood v. HubbellNew York Supreme Court · 1849

3Cited by14 opinions

  1. Stoddard v. . WhitingNew York Court of Appeals · 1871
  2. Sewell v. . UnderhillNew York Court of Appeals · 1910
  3. Dunn v. YakishSupreme Court of Oklahoma · 1900
  4. Smith v. Phœnix InsuranceCalifornia Supreme Court · 1891
  5. Liskey v. SnyderWest Virginia Supreme Court · 1904

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