Childs v. Smith
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The action was to recover $3000, part of the consideration of a farm conveyed to the defendant, in the town of Saratoga Springs.
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APPEAL from a judgment entered upon the report of a referee. The action was to recover $3000, part of the consideration of a farm conveyed to the defendant, in the town of Saratoga Springs. The defendant sets up in his defense, among other things, that the farm in question was conveyed upon certain conditions, and to be paid for in the manner and according to the agreement set up in the answer, and not otherwise; and that the conditions upon which the payment was to be made have never been performed ; and also that the sum mentioned to be paid was conditional, depending upon an agreement on…
1Opinion of the CourtPotter, J.
If the learned .referee has correctly found the facts in this case, I find myself entirely'unable to sustain his conclusion of law, that the defendant is indebted to the plaintiff in the sum of $2000, with interest from the *51first day of July, 1867. He finds that by an oral agreement between the parties, this sum of §2000 was to become due from the defendant to the plaintiff when “ the brick aud peat company,” which the parties, then (in April, 1867) proposed to form, should be organized; and, in the same paragraph, he also finds that when the company (was) should be organized the plaintiff…
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- Card v. MooreAppellate Division of the Supreme Court of the State of New York · 1902
- Greenbrier Industrial Exposition v. SquiresWest Virginia Supreme Court · 1895
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