Volk v. Olsen
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal Court of the city of New York, fourth district, borough of Manhattan, rendered in favor of the plaintiff,
1Opinion of the CourtBrady, J.
Taking the testimony of plaintiff to be absolutely true, it appears that the defendant was the owner of certain buildings, the demolition of which he contemplated for the purpose of erecting a large building upon their site. The plaintiff orally agreed to remove the old buildings and pay therefor the sum of $500, and the defendant agreed to accept that amount. The buildings as they stood were assuredly real estate. Hot being in writing the contract was void. So far as the agreement allowed the plaintiff to enter upon the land it was a license and legal though oral (Dubois v. Kelly, 10 Barb.…
2Cases cited2 opinions
- Dubois v. KellyNew York Supreme Court · 1851
- Vorebeck v. RoeNew York Supreme Court · 1867
3Cited by5 opinions
- Paullus v. YARBROUGH ET UXOregon Supreme Court · 1959
- Servel v. JamiesonCourt of Appeals for the Ninth Circuit · 1919
- Cervadoro v. First National Bank & Trust Co. of HudsonAppellate Division of the Supreme Court of the State of New York · 1944
- Rosenstein v. GottfriedSupreme Court of Minnesota · 1920
- Gambee v. ArgendorfNew York Supreme Court · 1958