Keating v. Price
New York Supreme Court
This was an action on the case founded on a special agreement. The plea was the general issue, with a notice from the defendant, that he would insist on some special matters in his defence, which, with reference to the point decided by the court, it will be unnecessary to state.
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This was an action on the case founded on a special agreement. The plea was the general issue, with a notice from the defendant, that he would insist on some special matters in his defence, which, with reference to the point decided by the court, it will be unnecessary to state. On the trial before Lansing, chief justice, at the last Rensselaer circuit, the plaintiff proved a written agreement, as set forth in the declaration, by which the defendant promised to deliver to the plaintiff, at the city of Albany, fifty thousand pipe staves, at á stipulated price, on or before the first day of…
1Per curiam
This being, originally, a simple contract, we are of opinion, that it was competent for the parties, by parol agreement, to enlarge the time of performing it, and that Wait’s testimony, to prove the plaintiff’s declaration to that effect, was properly received. An extension of the time may often be essential to the performance of executory [*23] Contracts, and there can be no reason why a subsequent agreement for that purpose, should not he valid. Let a nonsuit be accordingly entéred. (a)
Judgment of nonsuit.
Frost v. Everett, 5 Cowen, 497. Fleming v. Gilbert, 3 Johns. R. 527. Langworthy v. Smith,…
2Cases cited1 opinion
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