McWhorter v. McMahan
New York Court of Chancery
This was an appeal by the defendant from a decree of the vice chancellor of the eighth circuit. The bill was filed for the specific performance of a contract for the sale of a store and lot in the village of Westfield, in the county of Chautauque, belonging to the complainants.
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This was an appeal by the defendant from a decree of the vice chancellor of the eighth circuit. The bill was filed for the specific performance of a contract for the sale of a store and lot in the village of Westfield, in the county of Chautauque, belonging to the complainants. The agreement was made on the 2d of February, 1839, between the complainants, who were copartners in trade under the name or firm of McWhorter & Baldwin, and the defendant McMahan, who were all present in the store, mentioned in the written contract, when such contract was made. Only one of the complainants, however,…
1Opinion of the Court
The Chancellor.
The allegation in the defendant’s answer that he was always ready and willing to perform the contract on his part, is fully rebutted by the proofs in the case. The complainants having executed and sent to him a deed, on the day mentioned in the contract, together with the bond and mortgage to be executed by him, it was his duty to perform his part of the agreement by returning the bond and mortgage to them, duly executed; as a sufficient demand was made when they were sent to him to be acknowledged before the judge and returned to them by the latter, who was their agent for…
2Cited by30 opinions
- Worrall v. . MunnNew York Court of Appeals · 1851
- Cobban v. HecklenMontana Supreme Court · 1902
- Haydock v. . StowNew York Court of Appeals · 1869
- Henry v. . RootNew York Court of Appeals · 1865
- Morgan v. BergenNebraska Supreme Court · 1874
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