Hackett v. Huson
New York Supreme Court
This was an action of covenant, tried at the Yates circuit in February, 1828, before the Hon. Enos T. Thkoop, then one of the circuit judges.
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This was an action of covenant, tried at the Yates circuit in February, 1828, before the Hon. Enos T. Thkoop, then one of the circuit judges. The declaration was on a covenant entered into by the defendants, bearing date the 26th February, 1822, whereby the defendants, “ for a valuable consideration,” bound themselves to execute and deliver to the plaintiff, on or before the expiration of four years from the day of the date of the instrument, a good and sufficient warrantee deed of a lot of land in Wayne county, excepting thereout certain portions. The breach assigned was the non-delivery of…
1Opinion of the Court
By the Court,
Maxcy, J.
This is an action on a covenant to convey a certain piece of land situated in Wayne county. It is quite uncertain, from the casé, what was the decision of the judge at the circuit. It is probably stated to be the reverse of what it really was. Take the whole case together, it would seem that the judge ruled that where a plaintiff has a covenant from the defendant to convey, he must prepare and tender a deed for the defendant to execute. This is the English rule, but it has not yet been adopted in this state. To put the vendor of real estate in default, it is necessary…
2Cited by9 opinions
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- Dye v. MontagueWisconsin Supreme Court · 1859
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