Kerr v. Shaw & Shaw
New York Supreme Court
THIS was an action of assumpsit, founded upon á written agreement, dated the 9th .of December, \m\, by which the defenda-nts bound themselves to the plaintiff, in the. penalty of one thousand dollars, as follows : that he, the plaintiff,, “should have, and hold’ a peaceable possession .of a certain farm, distinguished' and;known by lot No. -10., in' great lot No. 23., in Hardenburgh patent, &c.; which the said Kerr is to have pos- ■ session of one hundred acres on the west…
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THIS was an action of assumpsit, founded upon á written agreement, dated the 9th .of December, \m\, by which the defenda-nts bound themselves to the plaintiff, in the. penalty of one thousand dollars, as follows : that he, the plaintiff,, “should have, and hold’ a peaceable possession .of a certain farm, distinguished' and;known by lot No. -10., in' great lot No. 23., in Hardenburgh patent, &c.; which the said Kerr is to have pos- ■ session of one hundred acres on the west part of said farm, and to possess the same peaceably, with paying the rent due thereon; whereby we warrant and defend…
1Per curiam
The agreement upon which this action is founded is very inartificially drawn, but it amounts, substantially, to a promise or warranty of quiet enjoyment, by the plaintiff of the lot of land therein described, against all persons except the lord of the soil. But, according to the case of Sears v. Brink, (3 Johns. Rep. 210.,) the contract is void under the statute of frauds. The agreement is not” under seal, nor is there any consideration expressed in the writing to support the promise; and in the case referred to, it is decided that the consideration, as well as the promise, must be in writing…
2Cited by13 opinions
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