18 N.Y.S. 885 | N.Y. Sup. Ct. | 1892
On the 14th of December, 1867, the defendant agreed to convey to John M. Davis certain premises in Sullivan county. The consideration is left quite uncertain, so far as it is expressed in the paper. The agreement signed by Van Vyck, defendant, is stated to be “for the price this day paid for the same, together with the amount due now from the estate of said William Davis, and also the amount he has this day agreed to pay the estate of William Davis, deceased, by an agreement with the administrator cf said estate.” The agreement also recites that defendant had purchased the land to secure his claims against William Davis, deceased, and that he was to be indemnified by the sale to plaintiff’s administrator against an agreement which defendant had made to guaranty an agreement of John M. Davis to the administrator of said William Davis. There was paid $900 to Van Wyck, defendant, by John M. Davis, on the 20th of January, 1871. John M. Davis