Clement v. . Cash
New York Court of Appeals
Appeal from the Supreme Court. Action to recover $2,000 as liquidated damages for the non-performance by the defendant of a contract to convey certain land to the plaintiff. The defence was that the plaintiff had failed to assign certain mortgages, the assignment whereof was a condition precedent to a conveyance by the defendant.
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Appeal from the Supreme Court. Action to recover $2,000 as liquidated damages for the non-performance by the defendant of a contract to convey certain land to the plaintiff. The defence was that the plaintiff had failed to assign certain mortgages, the assignment whereof was a condition precedent to a conveyance by the defendant. The grounds on which it was insisted that the assignments of such mortgages, tendered by the plaintiff, were not in compliance with the contract are sufficiently stated in the following opinion. The defendant also insisted that the sum of $2,000 mentioned in the…
1Opinion of the CourtWeight, J.
The questions in the case are, 1st. Was there a sufficient offer to perform on the part of the plaintiff, at the time and place designated in the contract; and 2d. Were the damages for non-performance liquidated and fixed by the contract.
1. The execution and delivery of the deed of the defendant’s land and the payment therefor by the plaintiff, were to be simultaneous acts. Such payment was to be made in cash, cash securities and real estate. On the day appointed for the performance of the contract, the plaintiff tendered $4,000 in cash: the assignments of the bonds and mortgages mentioned in…
2Cases cited4 opinions
- Lampman v. . CochranNew York Court of Appeals · 1857
- Knapp v. MaltbyNew York Supreme Court · 1835
- Holmes v. HolmesNew York Supreme Court · 1851
- Mundy v. CulverNew York Supreme Court · 1854
3Cited by40 opinions
- Sun Printing and Publishing Assn. v. MooreSupreme Court of the United States · 1902
- United States v. Bethlehem Steel Co.Supreme Court of the United States · 1907
- Seidlitz v. . AuerbachNew York Court of Appeals · 1920
- Curtis v. . Van BerghNew York Court of Appeals · 1899
- Morse v. RathburnSupreme Court of Missouri · 1868
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