Hoag v. Owen
New York Supreme Court
THIS action was brought to recover for a breach of contract, or to recover back the consideration paid upon the purchase of a dwelling house, the possession of which the plaintiff claims should have been delivered by virtue of the contract, made between the parties in April 1868. This was the substance of the complaint.
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THIS action was brought to recover for a breach of contract, or to recover back the consideration paid upon the purchase of a dwelling house, the possession of which the plaintiff claims should have been delivered by virtue of the contract, made between the parties in April 1868. This was the substance of the complaint. The answer, first, denies the matters set forth in the complaint, and, secondly, alleges that the defendants owned the dwelling house, but did not claim title to the land on which it stood, and that the plaintiff bought with full knowledge of these facts; and that they sold to…
1Opinion of the Court
By the Court, Potter, J.
The agreement, in the first place, was by parol, as to its terms, but there was a further agreement, that the defendants were to put it in writing and deliver it to the plaintiff. At the time of entering into the agreement, the plaintiff paid the consideration, $195. Subsequent to this time, one of the defendants presented to the. plaintiff a written contract of purchase, and (as the plaintiff testifies) told him to take it home and read it over, and if it was not right, he (the defendant Owen) would make it so. In a few days the plaintiff returned the writing, and…
2Cited by1 opinion
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