White v. Knapp
New York Supreme Court
MOTION by the plaintiffs for a new trial, on exceptions ordered to be heard at the general term in the first instance. The complaint set forth the following agreement in writing signed by the parties : ■£tRochester, Sept. 25, 1865. Whereas, W. H. Knapp and Nelson Andrews own the lease No. 12, on Oomplanter farm, Venango county, Pa.., on-which' is a dwelling house, derrick, walking-beam and usual fixtures, new and in running order ; also a ten horse Water-town engine,…
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MOTION by the plaintiffs for a new trial, on exceptions ordered to be heard at the general term in the first instance. The complaint set forth the following agreement in writing signed by the parties : ■£tRochester, Sept. 25, 1865. Whereas, W. H. Knapp and Nelson Andrews own the lease No. 12, on Oomplanter farm, Venango county, Pa.., on-which' is a dwelling house, derrick, walking-beam and usual fixtures, new and in running order ; also a ten horse Water-town engine, drilling tools, cable, rope, and other neceessary fixtures for drilling; also a well, drilled five hundred and thirty-seven…
1Opinion of the Court
By the Court, Welles, J.
The agreement, for a breach of which the action was brought, was made in the state of Pennsylvania, where it was to be performed, and where the subject matter of it was situated and it is not denied that its validity must be determined by the law of that state.
Assuming that the contract is void in consequence of not being in writing, it is so by reason of the statute of frauds of this state. By the common law it was a valid contract, and *554there is no evidence that by any statute of the state of Pennsylvania such a contract was required to be evidenced by writing. We are…
2Cited by11 opinions
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- Smith v. Muncie National BankIndiana Supreme Court · 1867
- Vohland v. GelhaarWisconsin Supreme Court · 1908
- Bradley v. Mutual Benefit Life InsuranceNew York Supreme Court · 1870
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