Harsha v. . Reid
New York Court of Appeals
Appeal from the judgment of the late General Term of the Supreme Court, fourth judicial district, affirming the judgment of a referee, in favor of the plaintiff. .The action was for a specific performance of a verbal con•tract for the sale of an undivided half of certain lands, with mills and water privilege, and a large quantity of growing flax, and to recover compensation for certain defects in the title to the lands, as well as for deficiency in quantity, and also for a…
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Appeal from the judgment of the late General Term of the Supreme Court, fourth judicial district, affirming the judgment of a referee, in favor of the plaintiff. .The action was for a specific performance of a verbal con•tract for the sale of an undivided half of certain lands, with mills and water privilege, and a large quantity of growing flax, and to recover compensation for certain defects in the title to the lands, as well as for deficiency in quantity, and also for a breach of warranty in respect to the flax. The contract was by parol, and entire, for a sale of the realty and the flax…
1Opinion of the CourtAllen, J.
The brother of the plaintiff was a joint owner with the defendant of the property and interest which was the subject of the contract of sale at the time of the contract, and was instrumental in bringing the parties together and opening the negotiation, resulting in an agreement by the defendant to sell to the plaintiff his undivided moiety of the real estate and of the growing flax. The negotiation was had and the agreement made in the immediate vicinity, if not at or upon the mill premises. The presumption is that the parties were upon the land when the contract was made. (Per Gardner, J.,…
2Cases cited4 opinions
- Erben v. . LorillardNew York Court of Appeals · 1859
- Mills v. . Van VoorhiesNew York Court of Appeals · 1859
- Baldwin v. . PalmerNew York Court of Appeals · 1851
- Van Alstine v. WimpleNew York Supreme Court · 1825
3Cited by26 opinions
- Cole v. . HughesNew York Court of Appeals · 1873
- Peters v. . DelaplaineNew York Court of Appeals · 1872
- Townsend v. BlanchardSupreme Court of Iowa · 1902
- Parver v. Matthews-Kadetsky Co.Appellate Division of the Supreme Court of the State of New York · 1934
- Satterly v. PlaistedAppellate Division of the Supreme Court of the State of New York · 1976
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