7 Johns. 72
Decided November 15, 1810
New York Supreme Court · decided 1810-11-15
THIS was an action of covenant, brought on ati agreement, by which the defendant, on the 1st of August, 1807, in consideration of 500 dollars, received in full for 50 acres of land, covenanted and agreed with the plaintiff, by a good warranty deed, on or before the 1st of August, then next, to convey the 50 acres of land, or in lieu thereof, to pay the plaintiff 800 dollars, &c. At the Cayuga circuit, a verdict was taken for the plaintiff, by consent, for 913 dollars and 16…
Good law ✅— No negative treatment on recordhow we know
Decided 1810-11-15
Cited by 7 later decisions — most recently May 1968
1 federal appellate · 5 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1The 800 dollars were evidently intended to be liquidated damages, and were not inserted as a penalty. The defendant had received the consideration of 500 dollars; and at the end of the year he was'to convey, or in lieu thereof, pay the 800 dollars. This was an alternative reserved for his election. .
¶2The verdict ought, therefore, to stand, and judgment to fee rendered for the plaintiff.
¶3Judgment for the plaintiff.