Cozine v. Graham & Bleeker
New York Court of Chancery
Tbe complainant was the owner of about' 16 acres of land in the. city of New-York. ■ He employed the defendant Bleeker to Sell the same at auction., .'The-land was. sold by the , acre; By the terms of the sale, ten per cent, was to be paid ■immediately, ten per cent; upon the delivery of the dé.ed, and the residue, with interest, was to be secured by bond and a mortgage upon the premises.
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Tbe complainant was the owner of about' 16 acres of land in the. city of New-York. ■ He employed the defendant Bleeker to Sell the same at auction., .'The-land was. sold by the , acre; By the terms of the sale, ten per cent, was to be paid ■immediately, ten per cent; upon the delivery of the dé.ed, and the residue, with interest, was to be secured by bond and a mortgage upon the premises. The-defendant,-Graham became the purchaser, and paid to the auctioneer ten per cent. towards the purchase money. , It being ascertained that one of the avenues of the city .covered a-small part of the…
1Opinion of the Court
The Chancellor.
The objection raised by the demurrer in this case, is as to a matter of form and not of sub-- . stance; ' A contract- for the sale of lands is alleged to have been made between the parties, of which the complainant claims a specific performance; but it does not distinctly ap- , ' pear by the bill whether it was o.r was not reduced to Writing and- signed, in such manner' as is required by the statute of frauds. The estate Was sold at adetion, and if the auction*179eer did his duty by entering on the conditions of sale the name of the purchaser and the amount of his bid in the usual…
2Cited by55 opinions
- Crane v. . PowellNew York Court of Appeals · 1893
- Feeney v. HowardCalifornia Supreme Court · 1889
- Harris v. KnickerbackerCourt for the Trial of Impeachments and Correction of Errors · 1830
- Duffy v. . O'DonovanNew York Court of Appeals · 1871
- Randall v. ConstansSupreme Court of Minnesota · 1885
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