Pelletreau v. Brennan
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Ella M.-Pelletreau, from a judgment of the Supreme Court in favor of the defendants, entered in. the office of the clerk of the county of Kings on the 27th day of February, 1905, upon the decision of the court, rendered after a trial at the Kings County Special Term,’ dismissing the complaint upon tli.e merits.. Suit by the purchaser to" enforce specific performance of -a' contract for the sale of real estate.
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Appeal by the plaintiff, Ella M.-Pelletreau, from a judgment of the Supreme Court in favor of the defendants, entered in. the office of the clerk of the county of Kings on the 27th day of February, 1905, upon the decision of the court, rendered after a trial at the Kings County Special Term,’ dismissing the complaint upon tli.e merits.. Suit by the purchaser to" enforce specific performance of -a' contract for the sale of real estate. The contract is as. follows, signed with the initials of the , defendant May and the plaintiff’s husband-: . “ May, agree to sell & Pelletreau agree to; -buy…
1Opinion of the Court
Gaynor, J.:
The judgment has to be reversed. The findings of fact and conelusions of law are that the contract expresses no consideration, and is so vague and indefinite that a judgment of specific performance cannot be given upon it. The contract contains every essential, i. e., it gives the names of the seller and the buyer, expresses the consideration and describes the land to be conveyed by the defendants. The description, “Clinton and Joralemon street,” suffices, for it enables the land to be identified and fully described by evidence dehors (Waring v. Ayres, 40 N. Y. 357 ; Miller v.…
2Cases cited5 opinions
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- Pratt v. . Hudson River Railroad CompanyNew York Court of Appeals · 1860
- Waring v. . AyresNew York Court of Appeals · 1869
- Miller v. TuckAppellate Division of the Supreme Court of the State of New York · 1904
- Torres v. ThompsonNew York Supreme Court · 1899
3Cited by26 opinions
- Tymon v. LinokiNew York Court of Appeals · 1965
- 300 West End Avenue Corp. v. WarnerNew York Court of Appeals · 1929
- Hurley v. TuckerAppellate Division of the Supreme Court of the State of New York · 1908
- 160 Chambers St. Realty Corp. v. Register of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
- Burns v. WitterOregon Supreme Court · 1910
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