Avery v. Lee
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Edward S. Avery, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 19th day of November, 1906, denying the plaintiff’s motion for leave to inspect and make a copy of three certain letters and a cablegram, and that the defendants furnish the plaintiff, or deposit with the clerk of the court, the originals of such papers.
1Opinion of the Court
Laughlin, J.:
The action is brought for the specific performance of a contract by which it is alleged the defendants, as owners of premises No. 26 West Thirty-fifth street in the city of New York, agreed to convey the same to the plaintiff for the consideration of $105,000. The answer contains a general denial and interposes the Statute of Frauds as a defense.
It is contended that the order was properly granted upon the ground that the plaintiff fails to show a valid contract within the Statute of Frauds. The defendants did not demur to the complaint, and it is' evident that a demurrer would…
2Cases cited11 opinions
- Britton v. . LorenzNew York Court of Appeals · 1871
- Rosseau v. . BleauNew York Court of Appeals · 1892
- Whiting v. . BarneyNew York Court of Appeals · 1864
- Jones v. . ReillyNew York Court of Appeals · 1903
- Root v. . WrightNew York Court of Appeals · 1881
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3Cited by9 opinions
- People ex rel. Vogelstein v. Warden of the County JailNew York Supreme Court · 1934
- Folly Farms I, Inc. v. Trustees of the Clients' Security Trust Fund of the BarCourt of Appeals of Maryland · 1978
- In Re IllidgeOregon Supreme Court · 1939
- Comercio E Industria Continental, S.A. v. Dresser Industries, Inc.District Court, S.D. New York · 1956
- In re the Village of LawrenceAppellate Division of the Supreme Court of the State of New York · 1955
4 more not listed; retrieve them via the Exa API.