Barney v. Keith
New York Supreme Court
Demurrer to declaration. On the 3d March 1828, the parties entered into an agreement under seal, whereby the defendant, for and in consideration of $80, to be paid in manner after mentioned, “ granted, demised, let, leased, and to farm let” unto the plaintiffs three lots in the village of Syracuse, to hold from 15th March, 1828, but specifying no term.
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Demurrer to declaration. On the 3d March 1828, the parties entered into an agreement under seal, whereby the defendant, for and in consideration of $80, to be paid in manner after mentioned, “ granted, demised, let, leased, and to farm let” unto the plaintiffs three lots in the village of Syracuse, to hold from 15th March, 1828, but specifying no term. The plaintiffs covenanted to pay the defendant $80 : on the signing and delivery of the agreement $20, and the residue in three instalments, on the 15th days of June, September and December after the date of the agreement; they further…
1Opinion of the Court
By the Court,
Savage, C. J.
The first objection is not well taken, as the covenants are independent. The payment of the first $20 is not a condition precedent; a general averment of performance is sufficient.
By taking the whole instrument together, it is apparent that the estate intended to be conveyed was less than an estate of freehold. The granting words are those applicable to estates for years; the interest conveyed is to take effect in futuro; the lessees are to pay taxes for one year from the 15th March, 1828, and are to waive notice to quit. These provisions are unmeaning in an…
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