76 N.Y. 141 | NY | 1879
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I think the judgment should be affirmed. I am unable to distinguish this case from Cole v. Hughes (
In the case before us the defendant accepted a deed of the McMillan lot, "subject to the aforesaid agreement," but it is well settled that such a stipulation imposes no personal liability on the grantee, and that in the absence of an express *145 agreement to assume, or pay, or perform, no agreement will be implied and no action involving a personal liability can be maintained against him.
The judgment should be affirmed, with costs.
All concur.
Judgment affirmed.