Wells v. Abernethy
Supreme Court of Connecticut
This was an action of assumpsit founded on the following written agreement: “Whereas Asa Wells of Tolland, Hampden county, commonwealth of Massachusetts, has executed to me, this day, his warrantee deed of the farm, which he now occupies in said town, I hereby bind myself, my heirs, executors and administrators, to furnish the said Asa, on demand, a well executed warrantee deed of 566 acres, and two thirds, of land lying in the town of Victory, Essex county, and state of…
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This was an action of assumpsit founded on the following written agreement: “Whereas Asa Wells of Tolland, Hampden county, commonwealth of Massachusetts, has executed to me, this day, his warrantee deed of the farm, which he now occupies in said town, I hereby bind myself, my heirs, executors and administrators, to furnish the said Asa, on demand, a well executed warrantee deed of 566 acres, and two thirds, of land lying in the town of Victory, Essex county, and state of Vermont, to be taken out of six one hundred acre lots, viz. lots No. 2. in the third range, lot No. 4. in the twelfth…
1Opinion of the Court
Hosmer, Ch. J.
For the objection made in the argument, on the ground of variance between the allegations and the proof, I think there is no foundation. The Tolland farm was the entire consideration of the agreement between the parties, and in his declaration, the plaintiff has alleged it to be such. The permission to take away the grain from the land sold, was *227posterior to the sale, and formed no part of its consideration.
The rule of damages on the breach on an express contract, has long been established; and whether it relate to real or personal estate, it necessarily must be the same.…
2Cases cited3 opinions
- Shepherd v. HamptonSupreme Court of the United States · 1818
- Bush v. CanfieldSupreme Court of Connecticut · 1818
- Thompson v. StewartSupreme Court of Connecticut · 1819
3Cited by26 opinions
- Stanton v. New York & Eastern Railway Co.Supreme Court of Connecticut · 1890
- Hammond v. HanninMichigan Supreme Court · 1870
- Loda v. H. K. Sargeant & Associates, Inc.Supreme Court of Connecticut · 1982
- Lee v. HarrisSupreme Court of Connecticut · 1912
- Bachman v. FortunaSupreme Court of Connecticut · 1958
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