Burns v. . McCormick
New York Court of Appeals
Appeal from a judgment of the Appellate. Division of the Supreme Court in the fourth judicial department, entered December 14, 1920, affirming a judgment in favor of plaintiffs entered upon the report of a referee.
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Appeal from a judgment of the Appellate. Division of the Supreme Court in the fourth judicial department, entered December 14, 1920, affirming a judgment in favor of plaintiffs entered upon the report of a referee. The performance of services or any other act which have a money value ascertainable with reasonable exactness is not sufficient ground -for the enforcement in equity of any oral contract for the conveyance of an interest in lands, in the face of the Statute of Frauds. (Ludwig v. Baurgarten, 48 App. Div. 613; Devenny v. Corry, 23 N. Y. S. R. 308; 127 N. Y. 655; Russell v. Briggs,…
1Opinion of the CourtCardozo, J.
In June, 1918, one -James A. Halsey, an old man and a widower, was living, without family or housekeeper, in his house in Hornell, New York. He told'the plaintiffs, so it is said, that if they gave up their home and business in .Andover, New York, and boarded and cared for .him during his life, the house and lot with its furniture and equipment would be theirs upon his death. They did as he asked, selling out an interest in a little draying business in Andover, and boarding and tending him till he died, about five months after their coming. Neither deed nor will, nor memorandum subscribed by…
2Cases cited13 opinions
- Wood v. . RabeNew York Court of Appeals · 1884
- Woolley v. . StewartNew York Court of Appeals · 1918
- Wheeler v. . ReynoldsNew York Court of Appeals · 1876
- Goldsmith v. . GoldsmithNew York Court of Appeals · 1895
- Cooley v. . LobdellNew York Court of Appeals · 1897
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3Cited by205 opinions
- Rose v. Spa Realty AssociatesNew York Court of Appeals · 1977
- Anostario v. VicinanzoNew York Court of Appeals · 1983
- Foreman v. ForemanNew York Court of Appeals · 1929
- Messner Vetere Berger McNamee Schmetterer Euro RSCG Inc. v. Aegis Group PlcNew York Court of Appeals · 1999
- Chevalier v. Lane's, Inc.Texas Supreme Court · 1948
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