Wilson v. . Randall
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiffs entered upon a decision of the court at Special Term. (Reported below, Y Hun, 15.) This was an action to recover back a sum alleged to have been overpaid by mistake by plaintiffs’ testator, Edward J. Wilson, upon the purchase by him of a piece of land of defendant.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiffs entered upon a decision of the court at Special Term. (Reported below, Y Hun, 15.) This was an action to recover back a sum alleged to have been overpaid by mistake by plaintiffs’ testator, Edward J. Wilson, upon the purchase by him of a piece of land of defendant. Prior to October 9, 1868, plaintiffs’ testator and defendant entered into negotiations for the purchase by the former of the latter of a piece of land. They finally agreed upon the boundary…
1Opinion of the CourtAndbews, J.
It was found by the court as a fact, and the oral testimony of the negotiation prior to the execution of the contract of sale leaves no room for doubt, that the intention of both parties was that the purchase and sale of the land should be by the acre, and that the amount of the purchase-money should be computed on the actual quantity of land by measurement at the price of $350 an acre. There was no proposition that the sale should be for an entire sum irrespective of quantity, but the proposition was to sell the land by the acre, and the execution of the contract was delayed by a…
2Cases cited3 opinions
- Belknap v. . SealeyNew York Court of Appeals · 1856
- Tarbell v. BowmanMassachusetts Supreme Judicial Court · 1869
- Faure v. . MartinNew York Court of Appeals · 1852
3Cited by31 opinions
- Paine v. . UptonNew York Court of Appeals · 1882
- Schoonmaker v. . HoytNew York Court of Appeals · 1896
- McMaster v. . the State of New YorkNew York Court of Appeals · 1888
- Boddy v. HenrySupreme Court of Iowa · 1904
- McCulsky v. KlostermanOregon Supreme Court · 1890
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