Van Epps v. Clock
New York Supreme Court
Appeal from special term, Madison county, Smith, Judge. Action brought by Hannah M. VanEpps against Simon Clock and John Wells, to compel the specific performance of a verbal contract made by defendant Simon Clock to sell a certain parcel of real estate to plaintiff, upon the ground that she entered into possession under the contract, and partly performed the same.
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Appeal from special term, Madison county, Smith, Judge. Action brought by Hannah M. VanEpps against Simon Clock and John Wells, to compel the specific performance of a verbal contract made by defendant Simon Clock to sell a certain parcel of real estate to plaintiff, upon the ground that she entered into possession under the contract, and partly performed the same. The case was tried at special term, before Smith, J., who found as conclusions of fact: “(1) That the defendant Simon Clock, was on the 20th day of April, 1887, .the owner in fee of the parcel of land described in the complaint,…
1Opinion of the CourtHardin, P. J.
In Lobdell v. Lobdell, 36 N. Y. 330, it was said, viz.: “ The rule which courts of equity have adopted in suits for the specific performance of contracts requires that the contract be established by competent and satisfactory proof, to be clear, definite, and certain, for the reason, as Judge Story expresses it, that a court of equity 1 ought not to act upon conjectures,’ and if the proof should end in leaving the contract uncertain, so that the court cannot say what its precise import and limitations are, a decree for a specific performance will be withheld. 2 Story, Eq. Jur. §§ 764, 767.…
2Cases cited5 opinions
- Williamson v. . BrownNew York Court of Appeals · 1857
- Tuttle v. Jackson ex dem. HillsCourt for the Trial of Impeachments and Correction of Errors · 1830
- Ellis v. . HorrmanNew York Court of Appeals · 1882
- Morrill v. CooperNew York Supreme Court · 1873
- Haight v. ChildNew York Supreme Court · 1861