Ritchie v. Bennett
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Archanna Ritchie, from a judgment of the Supreme Oourt in favor of the defendant, entered in the office of the clerk of the county of Rensselaer on the 7th day of June, 1898, upon the dismissal of the complaint by direction of the court after a trial at the Rensselaer Trial Term.
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Appeal by the plaintiff, Archanna Ritchie, from a judgment of the Supreme Oourt in favor of the defendant, entered in the office of the clerk of the county of Rensselaer on the 7th day of June, 1898, upon the dismissal of the complaint by direction of the court after a trial at the Rensselaer Trial Term. The plaintiff, ip the month of March, 1895, made a verbal contract with Charles H. Cleveland, deceased, by which the former agreed to receive the latter in her- house at Lansingburgh, N. Y., and furnish him board during the balance of his life, the deceased agreeing to pay therefor by a…
1Opinion of the Court
Putnam, J.:
It has been held that where one performs services or advances money or other consideration on the faith of a parol contract of another to convey real estate, the value of such services or amount of such consideration cannot be recovered as under an implied contract, unless the party agreeing to convey the land has refused, or put it out of his power to do so. (Campbell v. Campbell, 65 Barb. 639; Abbott v. Draper, 4 Den. 51; Day v. N. Y. C. R. R. Co., 51 N. Y. 583, 590; Galvin v. Prentice, 45 id. 162,165.)
It was shown that the plaintiff had fully performed the contract entered into…
2Cases cited9 opinions
- Robinson v. . RaynorNew York Court of Appeals · 1863
- Abbott v. DraperNew York Supreme Court · 1847
- Stoddard v. . WhitingNew York Court of Appeals · 1871
- Fuller v. HubbardNew York Supreme Court · 1826
- Day v. . N.Y.C.R.R. Co.New York Court of Appeals · 1873
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3Cited by3 opinions
- Lane v. CalbyAppellate Division of the Supreme Court of the State of New York · 1904
- In re the Judicial Settlement of the Accounts of WoodNew York Surrogate's Court · 1919
- Lane v. CalbyAppellate Division of the Supreme Court of the State of New York · 1904