McKinley v. . Hessen
New York Court of Appeals
Appeal from an. order of the Appellate Division of the Supreme Court in the second judicial department, entered January 6, 1910, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an. order of the Appellate Division of the Supreme Court in the second judicial department, entered January 6, 1910, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The acts found by the Special Term to have been done by the plaintiff in pursuance of the contract constitute such part performance as is sufficient to take the contract out of the Statute of Frauds. (Cooley v. Lobdell, 153 N. Y. 596; Russell v.…
1Opinion of the CourtGray, J.
The action is to compel the specific performance of a parol agreement, whereby the defendant agreed to hold the title to certain real estate in trust for the plaintiff and to convey the same to any person, or to him, as he should request. The answer set up the defenses of a denial of the agreement; of a claim that the plaintiff had purchased the premises and had caused the same to be conveyed to the defendant as a gift, and of the allegation that the agreement was void under the Statute of Frauds. The case was tried at a Special Term of the Supreme Court and the plaintiff, upon findings made…
2Cases cited5 opinions
- Canda v. . TottenNew York Court of Appeals · 1898
- Malins v. . BrownNew York Court of Appeals · 1850
- Lowry v. TewNew York Court of Chancery · 1848
- Jeremiah v. . PitcherNew York Court of Appeals · 1900
- H. Koehler & Co. v. ReinheimerAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by51 opinions
- Rose v. Spa Realty AssociatesNew York Court of Appeals · 1977
- Burns v. . McCormickNew York Court of Appeals · 1922
- Foreman v. ForemanNew York Court of Appeals · 1929
- Messner Vetere Berger McNamee Schmetterer Euro RSCG Inc. v. Aegis Group PlcNew York Court of Appeals · 1999
- Woolley v. . StewartNew York Court of Appeals · 1918
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