Russell v. . Briggs
New York Court of Appeals
Appeal from a judgment of the Appellate Division, of the Supreme Court in the fourth judicial department, entered December 29, 1896, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division, of the Supreme Court in the fourth judicial department, entered December 29, 1896, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The contract was an oral contract for the conveyance of an interest in land, and was, therefore, void under the Statute of Frauds, and the plaintiff has no right to a judgment decreeing a specific performance thereof. (Browne on Statute of Frauds…
1Opinion of the CourtCullen, J.
This action was brought to compel the defendant to convey to the plaintiff a certain interest in real estate in Niagara county, or in default thereof to pay the plaintiff the sum of $5,000 in money in specific performance of an oral contract, by which the defendant agreed to compensate the plaintiff for certain services rendered by the latter. The answer of the defendant put in issue the-alleged contract and pleaded the Statute of Frauds. The court at Special Term found that the plaintiff rendered services to the defendant, who was the owner of the Brackett House in the city of Rochester, as…
2Cases cited6 opinions
- Cooley v. . LobdellNew York Court of Appeals · 1897
- Canda v. . TottenNew York Court of Appeals · 1898
- Miller v. . BallNew York Court of Appeals · 1876
- Odell v. . MontrossNew York Court of Appeals · 1877
- Dunckel v. . DunckelNew York Court of Appeals · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Sleeth v. . SampsonNew York Court of Appeals · 1923
- Crosby v. Estate of StrahanWyoming Supreme Court · 1958
- Henry S. Grinde Corporation v. KlindworthNorth Dakota Supreme Court · 1950
- Mark Whelan v. New Mexico Western Oil and Gas CompanyCourt of Appeals for the Tenth Circuit · 1955
- Hunt v. . HuntNew York Court of Appeals · 1902
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