Dodge v. Miller
New York Supreme Court
Appeal from special term, Livingston county. Action by Alfred 0. Dodge against Nelson Miller for specific performance. From a judgment directing a conveyance subject to a certain judgment, both parties appeal. Affirmed.
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Appeal from special term, Livingston county. Action by Alfred 0. Dodge against Nelson Miller for specific performance. From a judgment directing a conveyance subject to a certain judgment, both parties appeal. Affirmed. The action was brought for specific performance of a parol contract between the defendant and Frank Jones, by which the defendant agreed to convey certain premises to Jones on payment by him of $120. The latter went into possession, and erected a house on the premises. He made to the plaintiff a written assignment of his interest in the contract and premises-as security for…
1Opinion of the CourtBradley, J.
The only proposition urged in support of the defendant’s appeal is that the plaintiff could not, by the assignment to him, effectually take the relation and rights of vendee which ! Jones had to the parol contract with the defendant. It is not qnes- j tioned that there had been such part performance as to relieve it from the statute of frauds, for the purposes of equitable relief, but it is insisted that such relief is available to Jones only. Ho reason appears why the equitable right to specific performance perfected in him might not be transmitted by assignment -to the-plaintiff, and the…
2Cases cited8 opinions
- Chase v. . PeckNew York Court of Appeals · 1860
- Seymour v. DelanceyNew York Court of Chancery · 1822
- Seymour v. DelancyNew York Supreme Court · 1824
- Smith v. . SmithNew York Court of Appeals · 1891
- Sutphen v. FowlerNew York Court of Chancery · 1841
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Epstein v. . GluckinNew York Court of Appeals · 1922
- Craver v. SpencerSupreme Court of Florida · 1898
- Veeder v. HorstmannAppellate Division of the Supreme Court of the State of New York · 1903
- Epstein v. GluckinNew York Supreme Court · 1919
- Epstein v. KroopfAppellate Division of the Supreme Court of the State of New York · 1926
1 more not listed; retrieve them via the Exa API.