Young v. . Hunter
New York Court of Appeals
* Appeal from the general term of the Su- ^ preme Court, in the sixth district, where a judg- *- ment for the defendants, upon demurrer to the complaint,, had been affirmed. This was an action to recover back the consideration paid by the plaintiff to the defendants, for the assignment to him of an interest in letters-patent for an improvement in wagon-wheels.
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* Appeal from the general term of the Su- ^ preme Court, in the sixth district, where a judg- *- ment for the defendants, upon demurrer to the complaint,, had been affirmed. This was an action to recover back the consideration paid by the plaintiff to the defendants, for the assignment to him of an interest in letters-patent for an improvement in wagon-wheels. The complaint, after stating the purchase by the plaintiff of the interest in the patent-right, set forth the written contract, whereby it was agreed, that if the plaintiff, after making a thorough trial of the improvement, for the term…
1Opinion of the CourtWatson, J.
— It was a condition precedent, on the part of the plaintiff, that he should give the patent a thorough trial, for the term of nine months, before he could re-assign it to the defendants, and entitle himself to recover from them the amount of the consideration paid for it. It was therefore necessary for him to aver in his complaint, either a performance of this condition, an excuse for non-performance, or a waiver of the condition by the defendants. We find it accordingly alleged in the complaint, that after the written agreement *was executed, the defendants promised and agreed with the…
2Cases cited4 opinions
- Fleming v. GilbertNew York Supreme Court · 1808
- Mayor of New-York v. ButlerNew York Supreme Court · 1847
- Seymour v. BennetMassachusetts Supreme Judicial Court · 1817
- Betts v. PerineNew York Supreme Court · 1835
3Cited by44 opinions
- Amies v. WesnofskeNew York Court of Appeals · 1931
- M. O'Neil Supply Co. v. Petroleum Heat & Power Co.New York Court of Appeals · 1939
- Cross & Cross Properties, Ltd., Cross-Appellant v. Everett Allied Company, Cross-AppelleeCourt of Appeals for the Second Circuit · 1989
- Patterson v. . MeyerhoferNew York Court of Appeals · 1912
- A.H.A. General Construction, Inc. v. New York City Housing AuthorityNew York Court of Appeals · 1998
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