Tucker v. Woods
New York Supreme Court
THIS was an action of assumpsit, tried at the Oneida circuit, . tu ** in June, 1814) before Mr. Justice Fan Ness* The plaintiff gave in evidence the- following memorandum; “ I will sell my dwelling house, tan works, and all the buildings belonging thereto, for five thousand dollars, payable as follows: ■one thousand dollars on taking possession, and one thousand dollars annually thereafter, until the whole is paid; secured by v 7 r > ■ j bond and mortgage, or other good…
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THIS was an action of assumpsit, tried at the Oneida circuit, . tu ** in June, 1814) before Mr. Justice Fan Ness* The plaintiff gave in evidence the- following memorandum; “ I will sell my dwelling house, tan works, and all the buildings belonging thereto, for five thousand dollars, payable as follows: ■one thousand dollars on taking possession, and one thousand dollars annually thereafter, until the whole is paid; secured by v 7 r > ■ j bond and mortgage, or other good security, until the whole is paid; and will give possession of the house and part of the tan , - r _ works on the 1st…
1Per curiam
It might well be questioned, whether the memorandum, which is set up as the contract between these parties, and upon which this action is founded, is not void for want of consideration. It would seem to be a mere proposition, on the part of the defendant, and without mutuality. Nothing was to be done by the plaintiff; it was optional with him whether he would comply or not, on his part, and the.deféndant derived no benefit or advantage whatever from the proposition. The case of Cooke v. Oxley, (3 Term Rep. 653.) is very much in point *192to show the contract void. In contracts, where the promise…
2Cases cited2 opinions
- Jones v. ReidNew York Supreme Court · 1799
- Judson v. WassNew York Supreme Court · 1814
3Cited by21 opinions
- Vogel v. PekocIllinois Supreme Court · 1895
- Weaver v. BurrWest Virginia Supreme Court · 1888
- Missouri, Kansas & Texas Railway Co. v. BagleySupreme Court of Kansas · 1899
- Houser v. HobartIdaho Supreme Court · 1912
- Morrill v. Tehama Consolidated Mill & Mining Co.Nevada Supreme Court · 1875
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