Harris v. Troup
New York Court of Chancery
This was an application on the part of the defendants, apon bill and answer, to dissolve the injunction which had been issued in this cause. The object of the complainant’s bill was to obtain the specific performance of a contract for the sale of a lot of land in the county of Allegany, and to restrain the defendants from selling the lot or ejecting the complainant therefrom.
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This was an application on the part of the defendants, apon bill and answer, to dissolve the injunction which had been issued in this cause. The object of the complainant’s bill was to obtain the specific performance of a contract for the sale of a lot of land in the county of Allegany, and to restrain the defendants from selling the lot or ejecting the complainant therefrom. The lot originally belonged to R. R. Troup and C. G. Troup, now deceased, and to the defendants Louisa Troup and Charlotte the wife of J. L. Brinckerhoff; the share of Mrs. Brinckerhoff being vested in trustees for her…
1Opinion of the Court
The Chancellor.
The defendants appear to have proceeded upon the supposition that the annual payments upon this contract were to commence from January, 1832, so that the last payment would become due in 1839. Such, however, does not appear to be the true construction of *426the instrument upon its face. It was made in May, 1833, and the principal was made payable in seven annual. instalments, without specifying when the first payment was to be made. The natural construction of it therefore is, that the purchase money and interest was to be paid in seven annual instalments from the date of the…
2Cited by15 opinions
- Toplitz v. . BauerNew York Court of Appeals · 1900
- Schiffer v. . DietzNew York Court of Appeals · 1881
- Grigg v. LandisSupreme Court of New Jersey · 1870
- Vider v. FergusonAppellate Court of Illinois · 1900
- Voorhees v. De MeyerNew York Supreme Court · 1847
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