Beecher v. . Conradt
New York Court of Appeals
Action commenced in the supreme court, in 1851, to recover the amount agreed to be paid by the defendant in and by the contract hereinafter mentioned.
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Action commenced in the supreme court, in 1851, to recover the amount agreed to be paid by the defendant in and by the contract hereinafter mentioned. The complaint alleged the making of the contract; that it had been duly transferred to the plaintiff; that the party of the first part to the contract and the plaintiff, had always fulfilled and kept all things therein contained on their part to be performed ; that the defendant had neglected to pay the amount agreed to be paid by him; and that the whole amount of the principal and interest, named in the contract, was due and unpaid, and…
1Opinion of the CourtGardiner, C. J.
The plaintiff has neither averred nor was there proof of any other breach of the contract upon the part of the defendant, except the non-payment of the purchase-money. The plaintiff had a right to sue for each instalment, as they severally became payable; but this right he has waived, and now seeks to recover the whole purchase money in this action, without an averment or proof of a tender of a conveyance, or a readiness or willingness to convey. It is not denied by the court below, that if the several payments had been made as they fell due, and the suit had been commenced for the last…
2Cited by31 opinions
- Lawrence v. . MillerNew York Court of Appeals · 1881
- Eddy v. . DavisNew York Court of Appeals · 1889
- Ewing v. . WightmanNew York Court of Appeals · 1901
- McCroskey v. LaddCalifornia Supreme Court · 1892
- Rottkamp v. EgerNew York Supreme Court · 1973
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