Hardin v. Kretsinger
New York Supreme Court
THIS was an action of covenant. By an agreement under the hands and seals of the parties, dated September 20, 1817, the plaintiff covenanted to sell and convey to the defendant, by a good and sufficient warrantee deed, &c., a certain lot of land ; in consideration of which the defendant covenanted to pay to the plaintiff 1,600 dollars, as follows: 400 dollars to be paid down in money ; 150 dollars in obligations, at the same time, and on the execution and delivery of the…
Read the full summary
THIS was an action of covenant. By an agreement under the hands and seals of the parties, dated September 20, 1817, the plaintiff covenanted to sell and convey to the defendant, by a good and sufficient warrantee deed, &c., a certain lot of land ; in consideration of which the defendant covenanted to pay to the plaintiff 1,600 dollars, as follows: 400 dollars to be paid down in money ; 150 dollars in obligations, at the same time, and on the execution and delivery of the deed; and the residue to Jacob Smith, who held a mortgage against the premises. The breach alleged was the non-payment of…
1Opinion of the Court
Spencer, Ch. J.,
delivered the opinion of the court. The plain tiff moves for a new trial, on two grounds: 1st. That parol evidence to prove the notes received by the plaintiff, or their contents, was inadmissible, no notice having been given to produce them.
2d. That the covenant to pay 150 dollars in obligations, at the time and on the executing and delivery of the deed, was not satisfied, by the delivery of notes producing no avails.
As to the first point, the case does not state the nature oí the pleadings, and we ought to intend that the defendant either pleaded or gave notice that he would…
2Cited by6 opinions
- Culver v. BurgherNew York Supreme Court · 1856
- Niagara Fire Insurance v. WhittakerWisconsin Supreme Court · 1867
- Silvers v. Junction RailroadIndiana Supreme Court · 1861
- Catlin v. MunnNew York Supreme Court · 1885
- Nealley v. GreenoughSuperior Court of New Hampshire · 1852
1 more not listed; retrieve them via the Exa API.