Brown v. Haff & Lyon
New York Court of Chancery
The bill in this cause was filed to compel the specific performance of a contract to purchase land of the complainant, by the defendant Haff, and to compel the latter to apply $550 on the contract; which sum, it was alleged, had been advanced by Haff to the defendant Lyon, on account of such ■contract, although Lyon had given a note, or ¡accountable receipt therefor.
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The bill in this cause was filed to compel the specific performance of a contract to purchase land of the complainant, by the defendant Haff, and to compel the latter to apply $550 on the contract; which sum, it was alleged, had been advanced by Haff to the defendant Lyon, on account of such ■contract, although Lyon had given a note, or ¡accountable receipt therefor. The bill alleged that the defendant Haff refused to complete his purchase, and was proceeding by a suit at law to recover back the money advanced to Lyon; and that he threatened to leave the state. An answer -on oath was waived;…
1Opinion of the Court
The Chancellor.
The charge in the complainant’s bill is positive, that the $550 was advanced to Lyon under an agreement that it should be applied on the contract of Half with the complainant; Lyon allowing Half for the interest of the money, until the payment upon the contract became due. And the answer of the defendant is as positive that no such agreement was ever made. The affidavits annexed *239to the bill go strongly to corroborate the complainant’s statement, although none of the deponents were present when the alleged agreement, on this subject, was made with the complainant, or when the…
2Cases cited1 opinion
- Clute v. RobinsonNew York Supreme Court · 1807
3Cited by40 opinions
- Cooper v. SingletonTexas Supreme Court · 1857
- Baumann v. . PinckneyNew York Court of Appeals · 1890
- Gates v. ParmlyWisconsin Supreme Court · 1896
- Crary v. . SmithNew York Court of Appeals · 1848
- Christiansen v. AldrichMontana Supreme Court · 1904
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