Everitt v. . Conklin
New York Court of Appeals
The complaint in this action allegéd in substance that one Oopley, plaintiff’s assignor, and defendant in November, 1876, entered into an agreement, by which the latter agreed to sell to the former a farm, he agreeing to pay $10,000 of the purchase-price three months from date and the balance in installments, defendant to convey free of incumbrances on payment of the $10,000. In December, 1876, Oopley executed to defendant a note of $500, for his accommodation but with the…
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The complaint in this action allegéd in substance that one Oopley, plaintiff’s assignor, and defendant in November, 1876, entered into an agreement, by which the latter agreed to sell to the former a farm, he agreeing to pay $10,000 of the purchase-price three months from date and the balance in installments, defendant to convey free of incumbrances on payment of the $10,000. In December, 1876, Oopley executed to defendant a note of $500, for his accommodation but with the agreement that the amount thereof might, if Oopley desired, be deducted from the $10,000 payment. That Oopley was ready…
1Opinion of the Court
Finch, J.,
reads for affirmance.
All concur, except Tract, J., taking no part, and Batallo, J absent.
Judgment affirmed.
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