Carr v. Roach
The Superior Court of New York City
The action was brought to recover damages for the breach of a covenant in an agreement between the parties for the sale and conveyance of a house and lot in the city of New York.
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The action was brought to recover damages for the breach of a covenant in an agreement between the parties for the sale and conveyance of a house and lot in the city of New York. It was tried before Mr. Justice Sandford and a jury, in May, 1851. The following are the material facts proved on the trial— The plaintiff and defendant, on the 10th of September, 1851, signed and sealed a memorandum of agreement whereby the defendant agreed to sell and the plaintiff to buy the premises known as Ho. 34 West 19 th street in the City of New York for the sum of $14,009- The property to be conveyed…
1Opinion of the Court
By the Court. Campbell, Justice.
In Houghly v. Lewis, 10 John. 297, it was said by Mr. Justice Thompson, in delivering the opinion of the Court, that “ parties may no doubt enter into covenants collateral to the deed, or cases may be supposed when the deed would be deemed only a part execution of the contract, if the provisions in the two instruments clearly manifested such to have been the intention of the parties.” And the same learned judge had before said, in Harris v. Barker (3 John. R. 509), that “ the deed cannot be considered as an execution of the contract in part only. If an…
2Cases cited2 opinions
- Houghtaling v. LewisNew York Supreme Court · 1813
- Bogart v. BurkhalterCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by8 opinions
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- Brundage v. CampIllinois Supreme Court · 1859
- Novelty Crystal Corp. v. PSA Institutional Partners, L.P.Appellate Division of the Supreme Court of the State of New York · 2008
- Lambert v. KrumAppellate Terms of the Supreme Court of New York · 1923
- Doty v. Sandusky Portland Cement Co.Indiana Court of Appeals · 1910
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