Court of Appeals 1888

Court of Appeals 1888

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1887 edition. Excerpt: ... The vendee-respondent, notwithstanding this notice, persisted in his refusal to execute his contract, and the time passed. His refusal to execute is found by the Gourt (page 62): " IV. The plaintiff tailed to complete his contract, " and at all times refused to execute a mortgage in " the form required by his contract." " V. The plaintifi" never tendered the purchase "price of the lots. He at all times failed to tender " the contract price of the property he had bought." From February till September 30th, 1886, Mr. Day did not go to the office of Messrs. Bergen & Dykman, where the contract was to be performed, except once in May or June, when he asked to see the vendor, who was at Saratoga. The outcome of this visit was a letter to the vendor and a reply, and then four months elapsed during which time Mr. Day did nothing and said nothing. Finally on September 29th, 1886, he retained his attorney, and on September 30th went to the otfice of Bergen 8t Dykman and demanded a deed. The lots had meantime risen in value, making it inequitable and unjust to allow the vendee to defer performanceuntil he had a sure profit. The evidence as to rise in value was taken before a referee after the first opinion of the trial Judge. It is at page 34 to page 56 of the case. Of this testimony the trial Judge wrote as follows (page 60): "The new evidence given does not show such a " change in value as to make that decision an in" equitable one." The General Term wrote: " There was no material change in the situation of " the lots. The defendant gave evidence tending to "show an advance in value, and that was met by " other evidence that the advance, more

Product details

  • Paperback | 270 pages
  • 189 x 246 x 14mm | 485g
  • United States
  • English
  • black & white illustrations
  • 1236783123
  • 9781236783127