Whittemore v. Farrington
New York Supreme Court
Appeal from a judgment of the Special Term in favor of the respondent and against the appellant. The complaint in this action alleges, in substance, that the plaintiff agreed, orally, to give the defendant two pieces of land and $300 in exchange for a piece of land on which was a saw-mill, the .$300 to be secured by the plaintiff’s note; that this agreement was with the understanding that the defendant would give plaintiff a •good title to the saw-mill property, free and…
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Appeal from a judgment of the Special Term in favor of the respondent and against the appellant. The complaint in this action alleges, in substance, that the plaintiff agreed, orally, to give the defendant two pieces of land and $300 in exchange for a piece of land on which was a saw-mill, the .$300 to be secured by the plaintiff’s note; that this agreement was with the understanding that the defendant would give plaintiff a •good title to the saw-mill property, free and clear of all incum’brances, for a good title to plaintiff’s pieces of land; that the defendant directed the plaintiff to go…
1Opinion of the Court
Learned, P. J. :
We must first notice that the court does not find, as alleged in the complaint, that there was an agreement to give a warranty deed. It is found only that there was an agreement to exchange the two pieces of land for the saw-mill property, and to pay $300. And that there was mutual mistake and ignorance of the existence of the mortgage. Nor is it found that the plaintiff refused to accept the quit-claim deed.
Nor is it suggested that there was any fraud or misrepresentation on the defendant’s part. The defendant had bought the premises at a foreclosure sale only a few days…
2Cases cited7 opinions
- Nevius v. . DunlapNew York Court of Appeals · 1865
- Bumpus v. PlatnerNew York Court of Chancery · 1814
- Tallmadge v. WallisNew York Supreme Court · 1840
- Haverly v. . BeckerNew York Court of Appeals · 1850
- Banks v. WalkerNew York Court of Chancery · 1845
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