Schroeppel v. Hopper
New York Supreme Court
APPEAL by the defendant from a judgment entered upon the report of a referee. The suit was brought by -the plaintiff, as administratrix of her husband, to compel the specific performance of a contract for the sale of real estate. The following facts were established by the report of the referee.
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APPEAL by the defendant from a judgment entered upon the report of a referee. The suit was brought by -the plaintiff, as administratrix of her husband, to compel the specific performance of a contract for the sale of real estate. The following facts were established by the report of the referee. Henry W. Schroeppel, during his lifetime, made two certain contracts with the defendant, Herman Hopper, one dated August 12th, 1857, for the sale, by Schroeppel to Hopper of 35-ftV acres of land, and another dated September 1st, 1851, for the sale by Schroeppel to Hopper of about 32 acres of land,…
1Opinion of the Court
By the Court, Morgan, J.
This was an action in equity brought by the administratrix of H. W. Schroeppel, deceased, to compel the defendant to perform his contract, made by him with the deceased, as it was afterwards modified by his widow and administratrix. The defendant Hopper, in 1857, purchased of Schroeppel two parcels of land, at two different times, and went into possession, which he still retains. On payment of the purchase price Schroeppel agreed to execute good and sufficient deeds of conveyance. Hopper made payments on both of the contracts during Schroeppel’s lifetime. After his…
2Cases cited2 opinions
- Boyce v. Pritchett's HeirsCourt of Appeals of Kentucky · 1838
- In re EveritNew York Court of Chancery · 1836
3Cited by4 opinions
- Jones v. BarnesAppellate Division of the Supreme Court of the State of New York · 1905
- Thomson v. . SmithNew York Court of Appeals · 1875
- Marsh v. BellewWisconsin Supreme Court · 1878
- Ewins v. GordonSupreme Court of New Hampshire · 1870