Smith v. Sanborn
New York Supreme Court
THIS was an action of assumpsit on a memorandum or agree.ment, dated the 20th of December, 1810, by which the defendant agreed and promised to pay the plaintiff eight dollars an acre for each and every acre contained in the south equal halt part of lot No. 68. in the fifth township, &c. containing 125 acres, or thereabouts ; the estimated sum amounting to one thousand dollars, of which three hundred dollars were to be paid on or before the 20th of April, 1811, and the…
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THIS was an action of assumpsit on a memorandum or agree.ment, dated the 20th of December, 1810, by which the defendant agreed and promised to pay the plaintiff eight dollars an acre for each and every acre contained in the south equal halt part of lot No. 68. in the fifth township, &c. containing 125 acres, or thereabouts ; the estimated sum amounting to one thousand dollars, of which three hundred dollars were to be paid on or before the 20th of April, 1811, and the residue on or before the 20tli of April, 1812, with the lawful interest, annually, to be computed from the 6th of November,…
1Per curiam
This appears to have been an alternative obligation, and the defendant had his election to pay at the rate of eight dollars an acre by certain times, or to pay nine dollars an acre by another specified time, and which last time had not arrived when the suit was commenced. The right of electing the alternative belonged to the defendant. This appears by the case of M‘Nitt v. Clarke, (7 Johns. Rep. 465.) and the authorities there referred to. The right of election by the debtor in all alternative obligations, was also a principle in the civil law, and the passages in support of it are collected…
2Cited by8 opinions
- Sperry & Hutchinson Co. v. Siegel, Cooper & Co.Illinois Supreme Court · 1923
- Drake v. HarrisonWisconsin Supreme Court · 1887
- Homesley v. . EliasSupreme Court of North Carolina · 1876
- Dessert v. ScottWisconsin Supreme Court · 1883
- Duke v. GriffithUtah Supreme Court · 1896
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