Legal Opinion

Leaird v. . Smith

New York Court of Appeals

Decided September 13, 1871PublishedCited by 22 opinions

Appeal from an order of the General Term of the Common Pleas of the city of New York, affirming a judgment of the Special Term in favor of the plaintiff, in an action for the specific performance of a contract for the sale of land, brought by the vendee against the vendor and her agent.

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Appeal from an order of the General Term of the Common Pleas of the city of New York, affirming a judgment of the Special Term in favor of the plaintiff, in an action for the specific performance of a contract for the sale of land, brought by the vendee against the vendor and her agent. The facts as found at Special Term are substantially as follows: On the 1st day of October, 1858, the plaintiff and defendant, Smith, entered into an agreement, in writing, at the city of New York, as follows: “New York, October 1st, 1858.—Received of George T. Leaird $100, on account of $900, consideration…

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] I can see no reason to doubt that the judgment below was authorized by the facts of the case. The plaintiff paid down $100. He was to pay $400 more on or before the 7th of January following. Not being…

2Cases cited1 opinion

  1. Franchot v. LeachNew York Supreme Court · 1826

3Cited by22 opinions

  1. Lawrence v. . MillerNew York Court of Appeals · 1881
  2. Peters v. . DelaplaineNew York Court of Appeals · 1872
  3. Bateman v. . HopkinsSupreme Court of North Carolina · 1911
  4. Judkins v. CharetteMassachusetts Supreme Judicial Court · 1926
  5. Tate v. Pensacola, Gulf, Land & Development Co.Supreme Court of Florida · 1896

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