Miller v. Tuck
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Ida Tuck, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the Yth day of April, 1903, upon the decision of the court, rendered after a trial at the Kings County Special Term, directing the specific performance of a contract for the sale of land.
1Opinion of the Court
Willard Bartlett, J.:
This is a suit to compel the specific performance of a contract for the sale of land. Two questions are presented by the appeal: (1) Whether the memorandum of the contract is sufficient to satisfy the Statute of Frauds in respect to the identification of the subject-matter, and (2) whether certain parol evidence received by the *135learned trial judge for the purpose of identifying the property was properly admitted.
The memorandum of the contract was as follows:
“ Received from M. Miller the sum of $15 Fifteen Dollars as deposit on'purchase price, which is §1025 to be paid in…
2Cases cited10 opinions
- Hurley v. BrownMassachusetts Supreme Judicial Court · 1868
- Dana v. . FiedlerNew York Court of Appeals · 1854
- Mead v. ParkerMassachusetts Supreme Judicial Court · 1874
- Cooley v. . LobdellNew York Court of Appeals · 1897
- Mentz v. . NewwitterNew York Court of Appeals · 1890
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Tobias v. LynchAppellate Division of the Supreme Court of the State of New York · 1920
- Pelletreau v. BrennanAppellate Division of the Supreme Court of the State of New York · 1906
- Hurley v. TuckerAppellate Division of the Supreme Court of the State of New York · 1908
- Cohen v. SwensonAppellate Division of the Supreme Court of the State of New York · 1988
- Elias v. SerotaAppellate Division of the Supreme Court of the State of New York · 1984
18 more not listed; retrieve them via the Exa API.