Costigan v. Wood
U.S. Circuit Court for the District of District of Columbia
Ejectment for lot No. 1, in square 882, in the city of Washington. The defendant claimed under a contract of sale, upon which he had paid sixty-three dollars, and taken possession of the lot, but failed to pay the residue, long since due, and unpaid at the time of the demise from the lessor of the plaintiff, although demanded. moved the Court to instruct the jury, in effect, that the plaintiff cannot recover without a notice to quit, or a notice that the contract of sale was…
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Ejectment for lot No. 1, in square 882, in the city of Washington. The defendant claimed under a contract of sale, upon which he had paid sixty-three dollars, and taken possession of the lot, but failed to pay the residue, long since due, and unpaid at the time of the demise from the lessor of the plaintiff, although demanded. moved the Court to instruct the jury, in effect, that the plaintiff cannot recover without a notice to quit, or a notice that the contract of sale was rescinded, or a demand of payment, with notice of rescinding.
1Opinion of the Court
The Court
(Cranch, C. J.,
contrd,) gave the instruction.
The plaintiff then gave such a notice, and had*a verdict in his favor.
Mr. Bradley, for the defendant, cited Jackson v. Rowan, 9 Johns. 330; Jackson v. Wheeler, 6 Johns. 272; Shepard v. De Bernales, 13 East, 565.
Mr. R. J. Brent, for the plaintiff, cited Smith v. Stewart, 6 Johns. 45; 1 Saund. on Pleading, 565.
In the cases cited from 9 Johnson, 330, and 13 East, 565, the defendant was lawfully in possession and in no default; so also in the case of Jackson v. Wheeler, 6 Johns. 272. See Smith v. Stewart, 6 Johns. 46, and the cases cited in…
2Cases cited4 opinions
- Smith v. StewartNew York Supreme Court · 1810
- Jackson ex dem. Locksell v. WheelerNew York Supreme Court · 1810
- Newell v. GriswoldNew York Supreme Court · 1810
- Jackson ex dem. Ostrander v. RowanNew York Supreme Court · 1812