Lower v. Winters
New York Supreme Court
On error from the common pleas of Jefferson county. The action was on a parol contract to pay for improvements on land; and was tried in the court below, at their June term, 1826; when a verdict and judgment were rendered in favor of Winters, the plaintiff below.
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On error from the common pleas of Jefferson county. The action was on a parol contract to pay for improvements on land; and was tried in the court below, at their June term, 1826; when a verdict and judgment were rendered in favor of Winters, the plaintiff below. A bill of exceptions was taken at the trial, upon which the writ of error was founded; and the substance of which, with the points made, and authorities cited by counsel, will be found stated in the opinion of the court.
1Opinion of the Court
Curia, per Sutherland, J.
It has been repeatedly held by this court, that a parol promise or agreement to pay for ~ r f . . . _ the improvements on land, is not within the statute of frauds. Improvements upon land, distinct from the title or possession, are not an interest in land, within the meaning of the statute. They are only another name for the work and labor bestowed on the land; and a parol promise i-i -it to pay for work already done, or to be done upon land, never has been held to come within the statute. (Frear v. Hardenburgh, 5 John. 275; Benedict v. Beebee, 11 John. 145.) In…
2Cases cited5 opinions
- Green v. ArmstrongCourt for the Trial of Impeachments and Correction of Errors · 1845
- Bank of Lansingburgh v. CraryNew York Supreme Court · 1847
- Moore v. FoxNew York Supreme Court · 1813
- Howard v. EastonNew York Supreme Court · 1810
- Benedict v. BeebeeNew York Supreme Court · 1814
3Cited by15 opinions
- Thouvenin v. LeaTexas Supreme Court · 1863
- Paschall v. AndersonTexas Supreme Court · 1936
- Fall v. HazelriggIndiana Supreme Court · 1874
- Wilson v. RayIndiana Supreme Court · 1859
- Kimmins v. OldhamWest Virginia Supreme Court · 1885
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