Legal Opinion

Baldwin v. Munn

New York Supreme Court

Decided May 15, 1829PublishedCited by 52 opinions

This was an action of covenant, tried at the Tompkins circuit, in January, 1828, before the Hon. Samuel Nelson, one of the circuit judges. - On the 17th November, 1817, the defendant entered into an agreement under seal to convey to the plaintiff, by a good, perfect and sufficient warrantee deed, 129 f acres of land situate in the county of Tioga, on the payment of the sum of $259,50 by instalments, viz. one fifth of the sum in 4 years from 2d June, 1817, and the residue in…

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This was an action of covenant, tried at the Tompkins circuit, in January, 1828, before the Hon. Samuel Nelson, one of the circuit judges. - On the 17th November, 1817, the defendant entered into an agreement under seal to convey to the plaintiff, by a good, perfect and sufficient warrantee deed, 129 f acres of land situate in the county of Tioga, on the payment of the sum of $259,50 by instalments, viz. one fifth of the sum in 4 years from 2d June, 1817, and the residue in 4 equal annual payments thereafter, with interest, and on condition that the plaintiff should, within nine months from…

1Opinion of the Court

By the Court, Sutherland, J.

Under the pleadings in this cause, the affirmative of all the issues was held by the plaintiff. The pleas were nothing more than a denial of the material allegations in the declaration; they concluded to the country, and formed perfect issues.

The plaintiff did not attempt to sustain the averment in his declaration, but offered evidence to shew a waiver of performance on the part of the defendant; and the first question which arises is, whether such evidence was competent under the pleadings.

The case of Phillips and Butler v. Rose, (8 Johns. R. 392,) is precisely in…

2Cases cited5 opinions

  1. Hopkins v. LeeSupreme Court of the United States · 1821
  2. Duvall v. CraigSupreme Court of the United States · 1817
  3. Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
  4. Staats v. Executors of Ten EyckNew York Supreme Court · 1805
  5. Bender v. FrombergerSupreme Court of the United States · 1806

3Cited by52 opinions

  1. Cullum v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1842
  2. Morgan v. BellWashington Supreme Court · 1892
  3. Richards v. EdickNew York Supreme Court · 1853
  4. Shannon v. ComstockNew York Supreme Court · 1839
  5. Hammond v. HanninMichigan Supreme Court · 1870

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