The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-04-11
Prizes TWO Cents.
Superior Court.

Before Judge Vanderpoel
Arau I0.-Peiers VS. Nc Keon This was an a,,i.n az
Covenant-Spccal damages ware laid. MIR Jordan ron
Quoted the plaintiffs and Mr. Conner appeared to
the defendant. ~
On the 10Th of Februry 1889, McKeon. the asser,u,
entered into agreement with Peter sale of hs
McKeons farm Staten Island together with the farming
stock and utensils thereon, for OF SllOO. In putsu
ance of that agreement written article by
the parties, in which contained covenant that tho
def ndant should execute deed of convey &C tho
iarm IN pursuance The article and attend on the H. st
day ensuing at the office Ambrose Jordan in the CITY
approval Shortly after the execution of the article
ers entered into of the farm and proceeded to
plough IT, and plant the usual spring and raise and
repair the fences. On the part of the plaintiff it al
legged that McKeon did not attend and tender the deed ut
the time and place mentioned in said article and therefore
the paini removed his family and let the lam. The
present action was brought Tor The expenses the removal
OF plaintiff his iemily aud furniture from stuyvesant, in
poughng and seeding the ground and for repairing the
encss ne defendant set up two deiencesthe that
Mr. Jordan had left his office before the st of Nav and
that therefore he could tender him the deed The
next defence that plaintiff agreed with defendant TO
extend me time Tor executing the deed and vestgang
plaintiff y title to the farm
Hs Honor charged that this was action brought by
plaintiff against defendant for breach of covenant con.
tanned in certain articles OF agreement TO
of convey ance, OF certain farm Staten Island. By
the contract the plaintiff at liberty to get possession
month previous to the LIST May. In accordance with
this clause OF the articles he removed with his family
from stuyvesant IN the county Columbia to this farm
on staten Island. He, plaintiff. with his workmen work
ed on the farm from LIST April to LIST May The deed OF
conveyance was in Of the articles TO be
office in the time, which is one of the grounds OF
defence relied upon in this The plaintiff however,
to Mr. Jordons Office brought his money it'll him.
counted out, but the plaintiff not there to receive
it The defendant offered deed the I'd Of May, but
the plaintiff refused the ground that the descriptions
were not properly set forth in the dredthe plaintiff then
caused the farm to be surveyed and another drawn,
cu,ed and rendered to Mr. Jordon the l4th OF May
this deed also refused, the plaintiff having made up
his mind get rid of the farm which he accordingly did
and brongh an action in this court in which he obtained
verdict trial moved for and granted, and
upon that argument all the rules of law. and authorities
applicable to the argued and decided and
Tor all the purposes of this action will hold that ruling
and adopt it, II decided by the court upon that
sion. and shall charge the court th en- didhat
the deendsn did not tender deed the ls May,
| breach of covenen matter under what clrcum-
stances may have happened but if you satisfied that
he did not do wuy the plaintiff is only entitled 10
.ecover nominal damages-th,s the doctrine held
| by this court before upon the argument for q
| new trial, and | will edopt that doctrine -
Gentlemen, / remarked to you b.'ore that they had
deed drawn and rendered, the I'd Msy TO defendant
refused on the ground already sted He suisse
query caused the farm to be surveyed and deed
to be drawn and rendered, but also refused psint
hsviag made up his mind to get rid the farm Now
ask is there any evidence Of wilul neglect hs part
| eide If the plaintiff made only simple re o
ceive a convey from defendant he is only enteo
nominal damages but if you satisfied tina he wully
ected to and tender the deed at the time and
place stipulated for he entitled verd CT Tor the
| value of his labor and of the seed by him in the
| ground.
| The ury found for the planti fl. cents dam ages.