Boyd v. De Lancey
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant,- Edward F. De Lancey, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 8th day of June, 1896, upon the verdict of a jury, and also from an order .entered in said clerk’s office on the 22d day of September, 1896, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant,- Edward F. De Lancey, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 8th day of June, 1896, upon the verdict of a jury, and also from an order .entered in said clerk’s office on the 22d day of September, 1896, denying the defendant’s motion for a new trial made upon the minutes. The action was brought to recover damages for the breach of an option contract, a copy of which is contained in the concurring opinion of. O’Brien, J. •
1Opinion of the Court
Ingraham, J.;
It seems to me that , there has been some confusion as to the ground upon which the • plaintiff was permitted to recover in this action. It has been treated as an action to recover damages for the breach of a contract to convey land, and the verdict of the jury is evidently based upon that theory. While the agreement between the parties may be a contract to convey the land therein described, it was also an agreement to make a contract, and it would seem as if the right of the plaintiff to recover must depend upon a breach of the agreement to make a contract. It will be useful,…
2Cited by5 opinions
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- Drake v. GaffneyAppellate Division of the Supreme Court of the State of New York · 1918
- Bender v. SchatzkinAppellate Terms of the Supreme Court of New York · 1905
- Fullington v. M. Penn Phillips Co.Oregon Supreme Court · 1964
- Fullington v. M. Penn Phillips Co.Oregon Supreme Court · 1964