Eddy v. . Davis
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, made May 4, 1886, which reversed a judgment in favor of plaintiffs, entered upon. a decision of the court on trial at Special Term and granted a new trial. \jThe action was brought to recover from defendant unpaid installments alleged to be due upon a contract to purchase land.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, made May 4, 1886, which reversed a judgment in favor of plaintiffs, entered upon. a decision of the court on trial at Special Term and granted a new trial. \jThe action was brought to recover from defendant unpaid installments alleged to be due upon a contract to purchase land. By the contract, which was- executed March 1, 1875, plaintiff agreed to sell to defendant a lot of land in the village of Westport, upon which there was a brick store, for the sum of $1,600, payable in annual installments…
1Opinion of the CourtBrown, J.
The trial court found, as conclusions of law, that the defendant “ was not entitled to a conveyance of property, or of such right of way until the full sum of sixteen hundred dollars, the consideration provided by said contract, was paid, and that the provision in said contract for deeding, the premises to the defendant, upon the payment of eight hundred dollars and interest, was for his (defendant’s) benefit, and he could avail himself of it at his option, by paying such money at the times provided in the contract, and demanding, a deed and tendering a bond and mortgage; not having paid or…
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3Cited by65 opinions
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