Winne v. Reynolds

Citations

• 6 Paige Ch. 407
• 1837 N.Y. LEXIS 278
• 1837 N.Y. Misc. LEXIS 91

Syllabus

<p>Where the vendor, upon a contract for the sale of a farm in the manor of Rensselaerwick which he held under a lease from V. R. at a nominal rent of a pound of wheat, containing a reservation of mines and minerals and water privileges and a preemptive right of purchase, covenanted to give to the purchaser a good and lawful deed of the premises; Held, that the reservation of the nominal rent was no objection to the title; and there being no mines or minerals or water privileges on the premises, and V. R. having agreed to relinquish liis preemptive right of purchase, of which the vendee had notice at the time of making his contract to purchase, a specific performance was decreed.</p> <p>The court of chancery will not decree the specific performance of a contract to purchase, where the vendor is unable to give a valid title to the premises, unless it appears from the contract that the understanding of the parties was that the purchaser should take the risk of the goodness of the title which the vendor was to give.</p> <p>But a specific performance will be decreed when the vendor is able to perform his agreement in substance, although there is a trifling variation in the description of the premises, or a trifling incumbrance on the title which cannot be removed, which is a proper subject of compensation to the purchaser.</p> <p>It is no valid objection to the title of a vendor that the conveyance under which he holds the premises contains a reservation of mines and minerals and water privileges, if from the evidence there is no reason to suppose there are any minerals or water privileges on the premises.</p> <p>As the law does not regard trifles, a reservation of a pepper corn, or any other rent which is merely nominal, is not a valid objection to the title of the vendor, who holds subject to the payment of such nominal rent.</p> <p>But a restriction'upon the power of alienation, in the nature of a quarter sale or other substantial fine upon alienation, or the reserva