Fairchild v. Lynch
The Superior Court of New York City
Appeal from a judgment in favor of defendants, for costs, entered on dismissal of complaint after a trial at special term by the court without a jury.
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Appeal from a judgment in favor of defendants, for costs, entered on dismissal of complaint after a trial at special term by the court without a jury. The complaint averred the making- of a contract between the plaintiff and one Leonard, for the sale and conveyance to the latter of a house and lot of land on the northerly side of Twenty-seventh street, in the city of Hew York, for the price or sum of $21,500, to be paid partly in cash, parity by a conveyance of other premises to the plaintiff, and partly by the purchaser's assuming the payment of a mortgage for $15,000, then on the premises,…
1Opinion of the Court
By the Court.—Sedgwick, J.
The acceptance by defendant Lynch, of the conveyance of plaintiff to her, would have held her to the performance of any agreement on her part stated therein (Atlantic Dock Co. v. Leavitt, 54 N. Y. 35; Spaulding v. Hallenbeck, 35 Id. 206), although she did not sign. In her answer in this action she denied ever accepting the deed, averring in substance, that when she conveyed the property, she supposed that the plaintiff had conveyed to Leonard and Leonard to her. The plaintiff took the position, that Leonard acted as defendant’s agent when he accepted the conveyance…
2Cases cited4 opinions
- Atlantic Dock Co. v. . LeavittNew York Court of Appeals · 1873
- Ferguson v. HarwoodSupreme Court of the United States · 1813
- Gardner v. GardnerNew York Supreme Court · 1813
- Sanders v. BettsNew York Supreme Court · 1831
3Cited by1 opinion
- New York Life Insurance v. AitkinThe Superior Court of the City of New York and Buffalo · 1889