Blanchard v. Archer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Gordon B. Archer ■ and others, from, so much of an interlocutory judgment of the Supreme Court in favor of the plaintiff and the defendant William C. Johnson, entered in the office of the clerk of the county of Westchester on the 18th day of June, 1903, upon the decision of the court rendered ,after a trial at the Westchester Special Térm, as directs the specific per-, form^nce by said defendants of a contract made by them prior to the commencement…
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Appeal by the defendants, Gordon B. Archer ■ and others, from, so much of an interlocutory judgment of the Supreme Court in favor of the plaintiff and the defendant William C. Johnson, entered in the office of the clerk of the county of Westchester on the 18th day of June, 1903, upon the decision of the court rendered ,after a trial at the Westchester Special Térm, as directs the specific per-, form^nce by said defendants of a contract made by them prior to the commencement of the above-entitled partition action, and from so much of said judgment as adjudges that the defendant William C.…
1Opinion of the Court
Jenks, J.:
The action is in partition. The defendant Johnson pleaded that he was entitled to a conveyance of the interests of other defendants perforce of a contract made prior to the institution of this action. He had sued for a specific performance, but as this action was reached for trial first, the issue of specific performance was tried pursuant to stipulation in this action. The court found, for a specific performance, and certain of the defendants appealed from the part of the interlocutory judgment that adjudges it.
" The defendant Johnson read in evidence this paper executed by the…
2Cases cited7 opinions
- Benedict v. LynchNew York Court of Chancery · 1815
- Schmidt v. . ReedNew York Court of Appeals · 1892
- Merchants' Bank v. . ThomsonNew York Court of Appeals · 1873
- Wells v. SmithNew York Court of Chancery · 1837
- Mason v. PayneSupreme Court of Missouri · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Baker v. PackardAppellate Division of the Supreme Court of the State of New York · 1906
- Henion v. BaconAppellate Division of the Supreme Court of the State of New York · 1905
- Blanchard v. ArcherAppellate Division of the Supreme Court of the State of New York · 1905