Mann v. Pearson
New York Supreme Court
This was an action of debt on a bond. The cause was tried at the Onondaga circuit, the 1st of July, 1805, before Mr. Justice Tompkins.
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This was an action of debt on a bond. The cause was tried at the Onondaga circuit, the 1st of July, 1805, before Mr. Justice Tompkins. The bond was dated the 11th of February, 1799, and for the penal sum of $1000, to which there was a condition ; that whereas, the defendant had received of the plain» tiffs their four bonds, of the same date, each for the sum of $150, payable in one, two, and three years, with interest; on the full payment of the said four bonds, the defendant promised io grant and convey to the plaintiffs, by a good and sufficient warranty deed, lot number 78, in the township…
1Opinion of the CourtSpencer, J.
The plaintiffs, by suing for the deficiency of acres in the lot, admit, that the deed given by Caldwell, has been accepted by them. It then follows that, by consent of parties, the condition of the bond has been complied with, unless it was a part of the condition, that lot no. 78, in the township of Lysander, should contain 600 acres. The action is for not giving a deed, as near as may be, in the words of the condition. It is necessary, then, to examine, whether the deed given by Caldwell, is not, in its legal operation, as extensive as any deed the defendant was bound to give. If it be,…
2Cases cited1 opinion
- Staats v. Executors of Ten EyckNew York Supreme Court · 1805
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