Bull v. Willard
New York Supreme Court
Covenant, tried at the Steuben circuit, in December, 1848, ' before Marvin, justice. Upon the trial the plaintiff gave in evidence a contract, or agreement in writing, between the parties, under their seals, bearing date June 13th, 1836, by which the defendant agreed to sell to the plaintiff three certain parcels of land in Steuben county; one of 85-fifir acres, one of 47-| acres, and one of 1481^ acres, and to convey the same to the plaintiff, his heirs or assigns, by a…
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Covenant, tried at the Steuben circuit, in December, 1848, ' before Marvin, justice. Upon the trial the plaintiff gave in evidence a contract, or agreement in writing, between the parties, under their seals, bearing date June 13th, 1836, by which the defendant agreed to sell to the plaintiff three certain parcels of land in Steuben county; one of 85-fifir acres, one of 47-| acres, and one of 1481^ acres, and to convey the same to the plaintiff, his heirs or assigns, by a good and sufficient deed in the law, in fee simple, upon performance by the plaintiff of the covenants therein contained on…
1Opinion of the Court
By the Court, Welles, P. J.
The principal, if not the only question, in this case is, whether accepting the conveyance of the premises described in the contract, including the part which had been sold for taxes, by Robie, who had succeeded to Bull’s interests, and for whose benefit this action is brought, is to be deemed, under the circumstances, a full execution, on the part of the defendant, of the contract. Contracts for the sale of land are in their nature executory, and generally, the acceptance of a deed in pursuance of their stipulations is prima facie an execution of the contract, and…
2Cited by15 opinions
- Dieckman v. WalserSupreme Court of New Jersey · 1933
- McKee v. CartledgeCourt of Appeals of Georgia · 1949
- Koen v. KernsWest Virginia Supreme Court · 1900
- Kelsey v. NatheyMissouri Court of Appeals · 1993
- Lambert v. KrumAppellate Terms of the Supreme Court of New York · 1923
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