19 Barb. 18 | N.Y. Sup. Ct. | 1854
By the Court,
The plaintiffs have alleged in their complaint, and were bound to prove on the trial, that the money which they seek to recover in this action was paid by them at the defendant’s request. No express request was proved, but the plaintiffs insist that from the facts proved on the trial the law implies a request, and adjudges the-defendant liable to pay accordingly.
Marvin, Bowen and Greene, Justices.]
These cases are all distinguishable from the case under consideration by peculiar facts existing in each case, upon which the j udgment of the court was clearly founded. This fact renders criticism, which is precluded by the authority of the last two cases, unnecessary in all. It is sufficient that none of them afford any authority for this" action. The plaintiffs’ covenant for quiet enjoyment has never been broken, for the reason that there never was any eviction. They were not compelled by legal process to pay, as was the case in Hunt v. Amidon and Exall v. Partridge. And as they had no covenant against incumbrances, they had no right to pay them voluntarily and without any request on the part of the defendant, and charge him with such payment. • It is no answer to say that it would be a hardship for the plaintiffs to be compelled to wait until they were evicted and then sue for the purchase money and lose the enhanced value of the land and improvements. But for the covenant for quiet enjoyment they could not even recover the purchase money, in a case free from fraud; and if they desired a remedy adequate to other contingencies, they should have provided for it by appropriate covenants. These covenants have been long in use, and the rights and remedies of parties under them have been long and well settled; and it is a sufficient answer to this action, under such circumstances, that there is no -precedent for it.
I think the judgment should be affirmed.
Judgment affirmed.