Green v. Reynolds
New York Supreme Court
This was an action of covenant. By articles of agreement entered into between the parties, the plaintiff for the consideration therein after mentioned, covenanted to execute and deliver to the defendant a good and sufficient deed for eighty-four acres of land, in Pittstown in the county of Rensselaer, on the first day of May, 1806. The defendant on his part, covenanted to pay to the plaintiff, one thousand dollars, on the first day of May, 1806, and the further sura of eight…
Read the full summary
This was an action of covenant. By articles of agreement entered into between the parties, the plaintiff for the consideration therein after mentioned, covenanted to execute and deliver to the defendant a good and sufficient deed for eighty-four acres of land, in Pittstown in the county of Rensselaer, on the first day of May, 1806. The defendant on his part, covenanted to pay to the plaintiff, one thousand dollars, on the first day of May, 1806, and the further sura of eight hundred and seventy-five dollars, on the first day of May, 1812. The declaration was for the non-payment of the one…
1Per curiam
The covenants in this case are clearly dependent. The one thousand dollars, being in part of the consideration for the deed,- and to be paid on the same day the deed was to be delivered, the fair intent and good sense of the contract is, that the money is not to be paid until the deed is ready for delivery. The de*209ciarafion, therefore, is defective in not averring a tender of the deed by the plaintiff, We are of opinion that the defendant is entitled to judgment ; but the plaintiff may amend his declaration on payment Of the .eosts.
Jugdment for the defendant.
2Cited by21 opinions
- Richards v. EdickNew York Supreme Court · 1853
- Sanford v. CloudSupreme Court of Florida · 1880
- Hapgood v. ShawMassachusetts Supreme Judicial Court · 1870
- Powell v. Dayton, Sheridan & Grande Ronde R. R.Oregon Supreme Court · 1885
- Van Schaick v. WinneNew York Supreme Court · 1852
16 more not listed; retrieve them via the Exa API.