Morrison v. Brand
New York Court of Common Pleas
Appeal by the defendant from a judgment of this court entered on the report of a referee. The action was brought to compel the defendant to complete a contract entered into by him for the purchase' of land. As an excuse for his failure to complete his contract to purchase, the defendant alleged certain defects in the plaintiffs* chain of title to the premises.
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Appeal by the defendant from a judgment of this court entered on the report of a referee. The action was brought to compel the defendant to complete a contract entered into by him for the purchase' of land. As an excuse for his failure to complete his contract to purchase, the defendant alleged certain defects in the plaintiffs* chain of title to the premises. This chain of title was as follows : On August 13th, 1839,, Thomas Cooke (who was conceded to have had a good title to the premises), joined with his wife in a full covenant deed of them to John Thompson, and on the same day Thompson…
1Opinion of the CourtLarremore, J.
The first question to be considered in this case, is the construction to be given to the conveyance executed by Thomas Cooke to John Thompson, dated August 13,1839, as explained or modified by the contemporaneous agreement between the same parties.
The referee has found that the transaction referred to constituted a conditional sale, and that the condition not having been performed, Thompson acquired an absolute estate in the premises conveyed.
I think this conclusion was fully authorized’by the evidence. There is nothing inconsistent in the fact, that Cooke’s entire indebtedness to Thompson,…
2Cases cited13 opinions
- Horn v. . KeteltasNew York Court of Appeals · 1871
- Slee v. President & Directors of the Manhattan Co.New York Court of Chancery · 1828
- Jackson ex dem. Gilbert v. BurgottNew York Supreme Court · 1813
- Wintringham v. LafoyNew York Supreme Court · 1827
- Henry v. Davis & ClarkNew York Court of Chancery · 1823
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3Cited by2 opinions
- Kyle v. HarveysWest Virginia Supreme Court · 1885
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