Esmond v. Van Benschoten
New York Supreme Court
On the 26th February, 1850, these parties entered into a contract in writing and under seal, by which the plaintiff agreed that he would, on the first of April thereafter, ■ execute to the defendant an assignment of the lease which Cary Smith and wife had previously assigned to the plaintiff, and all the plaintiff's interest in said premises; and also execute to the defendant a warranty deed of certain premises in Malta, which the plaintiff had purchased of Chase and wife,…
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On the 26th February, 1850, these parties entered into a contract in writing and under seal, by which the plaintiff agreed that he would, on the first of April thereafter, ■ execute to the defendant an assignment of the lease which Cary Smith and wife had previously assigned to the plaintiff, and all the plaintiff's interest in said premises; and also execute to the defendant a warranty deed of certain premises in Malta, which the plaintiff had purchased of Chase and wife, being about sixteen acres of land ; also that he would deliver to the defendant on the premises first described, a ton…
1Opinion of the CourtWillard, P. J.
As the articles of agreement did not specify the place at which the conveyances to be executed by the plaintiff should be tendered, it was competent for the parties, subsequently, to appoint a place by parol, for that purpose. (Franchot v. Leach, 5 Cowen, 506.) This was done accordingly; and the plaintiff was ready and offered to perform at that place, but the defendant did not appear.
Although the articles of agreement were under seal, it was competent, nevertheless, for the parties, on the expiration of the contract, to enlarge the time for performance by parol. This was not an alteration of…
2Cases cited14 opinions
- Fleming v. GilbertNew York Supreme Court · 1808
- Lattimore v. HarsenNew York Supreme Court · 1817
- Smith v. GugertyNew York Supreme Court · 1848
- Knapp v. MaltbyNew York Supreme Court · 1835
- Close v. GillespeyNew York Supreme Court · 1808
9 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Clark v. DalesNew York Supreme Court · 1855
- Noyes v. . PhillipsNew York Court of Appeals · 1875
- Friess v. . RiderNew York Court of Appeals · 1862
- Stone v. SpragueNew York Supreme Court · 1855
- County of Cayuga v. StateNew York Court of Claims · 1920
16 more not listed; retrieve them via the Exa API.