Stone v. Sprague
New York Supreme Court
THIS was an action of ejectment, brought to recover a lot of land at Port Henry, in the county of Essex. The action was tried at the circuit in that county in July, 1854. The plaintiff’s counsel introduced in evidence the counterpart of the agreement, a copy of which it was admitted was contained in the answer. That agreement was dated the 9th day of April, 1848, and was executed by the parties.
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THIS was an action of ejectment, brought to recover a lot of land at Port Henry, in the county of Essex. The action was tried at the circuit in that county in July, 1854. The plaintiff’s counsel introduced in evidence the counterpart of the agreement, a copy of which it was admitted was contained in the answer. That agreement was dated the 9th day of April, 1848, and was executed by the parties. The plaintiff agreed to -sell, and the defendant to purchase, the lot in question, and upon which it was recited therein the defendant had erected a brick dwelling house, for the sum of $742,47, to be…
1Opinion of the Court
By the Court, C. L. Allen, P. J.
I do not think the defendant was entitled to notice to quit. The case of Doolittle v. Eddy, (7 Barb. 74,) decided in this district, establishes the proposition, if it was not settled by previous cases, that an executory contract for the sale' and purchase of land, giving to the purchaser a right to enter and possess the premises until default in the payment of the purchase money, without any reservation of rent, or fixed time, is, as respects the possession, a license and not a lease, and the relation of landlord and tenant does not exist. The defendant here…
2Cases cited6 opinions
- Fleming v. GilbertNew York Supreme Court · 1808
- Dolittle v. EddyNew York Supreme Court · 1849
- Esmond v. Van BenschotenNew York Supreme Court · 1852
- Dewey v. HoagNew York Supreme Court · 1853
- Bellinger v. KittsNew York Supreme Court · 1849
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Thomson v. . PoorNew York Court of Appeals · 1895
- Barton v. GrayMichigan Supreme Court · 1885
- Bullis v. Presidio Mining Co.Court of Appeals of Texas · 1889
- Friess v. . RiderNew York Court of Appeals · 1862
- Moen v. LillestalNorth Dakota Supreme Court · 1895
7 more not listed; retrieve them via the Exa API.