Gates v. Gates
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Cortland county. ■Action by Floyd E. Gates against Alvira B. Gates and others. Defendants’ demurrer to the complaint was overruled, and they appeal.
1Opinion of the CourtParker, P. J.
It was said by Justice Barrett in the case of Gall v. Gall, 64 Hun, 601, 19 N. Y. Supp. 332, that “it is undoubtedly the settled law of this state that ‘where a certain and definite contract is clearly established, even though it involves an agreement to leave property by will, and it has been performed on the part of the promisee, equity, in a case free from all objections on account of the adequacy of the consideration or other circumstances rendering the claim inequitable, will compel a specific performance’ and such case was affirmed without opinion in 138 N. Y. 675, 34 N. E. 515. This…
2Cases cited3 opinions
- Gall v. GallNew York Supreme Court · 1892
- Godine v. KiddNew York Supreme Court · 1892
- Colby v. ColbyNew York Supreme Court · 1894
3Cited by8 opinions
- Crawford v. WilsonSupreme Court of Georgia · 1913
- Anderson v. AndersonSupreme Court of Kansas · 1907
- Ladd v. Estate of KellenbergerSupreme Court of North Carolina · 1985
- Bedal v. JohnsonIdaho Supreme Court · 1923
- Scott v. ScottSupreme Court of Georgia · 1929
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