Witbeck v. . Waine
New York Court of Appeals
Appeal from a judgment of the Supreme Court. The action was brought to recover about .$1000, alleged to have been overpaid by the plaintiff upon the purchase of a farm from the defendant. The case was tried before a justice, without a jury.
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Appeal from a judgment of the Supreme Court. The action was brought to recover about .$1000, alleged to have been overpaid by the plaintiff upon the purchase of a farm from the defendant. The case was tried before a justice, without a jury. By articles of agreement dated November 4th, 1845, and which were executed under the hands and seals of the parties, the defendant agreed to sell to the plaintiff the farm on which the former resided, in New Scotland, Albany county, for the sum of $7300; $1000 to be paid at the date of the articles, $300 on the fourth day of December then next, and $4000…
1Opinion of the CourtDenio, J.
The language of the contract is precise to show that the sale was by the acre, and not for a gross sum without regard to the contents of the farm. The only question, therefore, is whether the plaintiff forfeited the fight to a deduction for the deficiency by accepting a deed which in its terms imports a sale of the premises for $7200, whether it should contain one hundred and thirty acres or more or less than that quantity. Unless there is a sound distinction between the present case and those which were referred to by the defendant’s counsel, we must hold the law to be that the delivery and…
2Cases cited8 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Shephard v. LittleNew York Supreme Court · 1817
- Stebbins v. EddyU.S. Circuit Court for the District of Rhode Island · 1827
- Howes v. BarkerNew York Supreme Court · 1808
- Houghtaling v. LewisNew York Supreme Court · 1813
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3Cited by38 opinions
- Eighmie v. . TaylorNew York Court of Appeals · 1885
- Schoonmaker v. . HoytNew York Court of Appeals · 1896
- Taylor v. FinniganMassachusetts Supreme Judicial Court · 1905
- Morris v. . WhitcherNew York Court of Appeals · 1859
- Welz v. RhodiusIndiana Supreme Court · 1882
33 more not listed; retrieve them via the Exa API.