Sage v. . Truslow
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made December 17, 1880, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. The plaintiff brought this action as assignee of Adeline E. Styles upon a contract made between her and the defendants’ testator, Samuel W. Truslow.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made December 17, 1880, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. The plaintiff brought this action as assignee of Adeline E. Styles upon a contract made between her and the defendants’ testator, Samuel W. Truslow. The contract was dated April 4, 1876; by it said Adeline E. Styles agreed,to sell and convey to Samuel W. Truslow a certain house and lot in the city of New York, subject to a mortgage executed by…
1Opinion of the CourtRapallo, J.
We concur with the learned court below in its conclusion that the agreement of Truslow, contained in his contract with Mrs. Styles, for the purchase of the land, to assume and pay arrears of taxes and assessments thereon to an amount not exceeding $2,000, was not merged in the deed subsequently executed and delivered by Mrs. Styles to him. His agreement to pay these taxes was part of the consideration for the conveyance. It was executory and to be performed after the delivery of the deed. It took the 'place of the payment of so much money to her which would have enabled her to pay the taxes…
2Cases cited2 opinions
- Morris v. . WhitcherNew York Court of Appeals · 1859
- Bogart v. BurkhalterCourt for the Trial of Impeachments and Correction of Errors · 1845
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- Callender v. EdmisonSouth Dakota Supreme Court · 1895
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