Smith v. . Babcock
New York Court of Appeals
This was an action to recover damages for the removal of a building from certain premises in Catón, Steuben County, which premises had been sold by executory contract, by the Plaintiff, to one Catharine Herrick, and had afterward come back into his possession by reason of the non-performance of the contract by the said Catharine Herrick. The facts are stated in the opinion of the Court.
1Opinion of the CourtHunt, J.
This is a special action for injury to the Plaintiff’s interest in the property described in the complaint. The Plaintiff sold the property to Catharine Herrick, by a written contract, in which (a certain cash payment being made) it was agreed that the payments stipulated were to be made at a future day, at which time the deed was to be executed by the Plaintiff, and in the mean time the purchaser was entitled to possession. While thus in possession, and before the arrival of the stipulated time of payment, the injury complained of was committed. The Plaintiff alleged and proved that a…
2Cases cited2 opinions
- Vernam v. . SmithNew York Court of Appeals · 1857
- Whitney v. LewisNew York Supreme Court · 1839
3Cited by7 opinions
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- Ross v. First Trust & Savings BankMontana Supreme Court · 1949
- Burke v. ScharfNorth Dakota Supreme Court · 1909
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