Smith v. Leavensworth
Connecticut Superior Court
AotioN of the case, upon a certain receipt or writing, dated 11th September, A. P. 1786; wherein among other things, the defendant promised to' return a certain Virginia land warrant, for 3,000 acres of land; or another of equal value upon demand; which the plaintiff avers he has never done, although often requested and demanded, etc. Demurrer — And for cause of demurrer the defendant assigns, that no special request is laid in the declaration.
Read the full summary
AotioN of the case, upon a certain receipt or writing, dated 11th September, A. P. 1786; wherein among other things, the defendant promised to' return a certain Virginia land warrant, for 3,000 acres of land; or another of equal value upon demand; which the plaintiff avers he has never done, although often requested and demanded, etc. Demurrer — And for cause of demurrer the defendant assigns, that no special request is laid in the declaration. Judgment — That the declaration is insufficient.
1Opinion of the Court
By the Court.
Tbis action is not for tbe warrant, but to recover damages for tbe breach of contract, in not delivering tbe warrant; wbicb could not happen until tbe warrant bad been demanded. Dean v. Woodbridge, determined at Norwich, last March term, is in point.
2Cited by2 opinions
- Lobdell v. HopkinsNew York Supreme Court · 1826
- Counsel v. Vulture Mining Company of ArizonaNew York Court of Common Pleas · 1874