Barker v. Town of Floyd
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Irving O. Barker, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Oneida on the 10th day of August, 1900, upon the decision of the court, rendered after a trial before the court without a jury at the Oneida Trial Term, dismissing, the complaint upon the merits.
1Opinion of the Court
Laughlin, J.:
This is an action, to recover $500 pursuant to a land contract made on the 10th day of November, 1898, between plaintiff and the members of the board of town auditors of the town of Floyd, as such, whereby plaintiff agreed to sell and convey to them a parcel of land in said town for the ’ consideration of $500. Blaintiff tendered full performance of the contract on his part and perform*93anee was refused on the part of said board upon the ground that the contract was illegal and void. The only basis for the contract was a resolution adopted viva voce by the electors present at…
2Cases cited3 opinions
- Bartlet v. KingMassachusetts Supreme Judicial Court · 1815
- People Ex Rel. Ross v. . City of BrooklynNew York Court of Appeals · 1877
- McDermott v. Nassau Electric RailroadNew York Supreme Court · 1895
3Cited by3 opinions
- Town of Seaford v. Eastern Shore Public Service Co.Superior Court of Delaware · 1942
- Vidi v. United Surety Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Denton v. Walla Walla CountyWashington Supreme Court · 1908