Proctor v. Thompson
New York Supreme Court
I. September, 1882. Motion by plaintiff for a new trial upon a case after trial before a referee of a claim, against an executor, which was disputed and referred under the statute. Truman A. Proctor presented a claim to James E. Thompson, executor of the will of John Walker, deceased. The facts appear in the opinion.
1Opinion of the CourtRumsey, J.
The defendant is executor of John Walker, deceased. Early in March, 1868, Harvey Walker, the son of testator, had contracted to sell to the plaintiff a farm of over one hundred and twenty-one acres of land owned by Harvey, at the price of $80 per acre. The purchase was to be completed on the first day of April, 1868. Ho thing was done by either
party by way of performing the contract after it was signed. The contract was not under seal. Shortly after it was made, Harvey Walker became dissatisfied with it, and desired his father, the testator, to procure the plaintiff to surrender it. The…
2Cases cited17 opinions
- Williams v. GoochCourt of Appeals of Kentucky · 1861
- Wetherbee v. PotterMassachusetts Supreme Judicial Court · 1868
- Brown v. . WeberNew York Court of Appeals · 1868
- Bostwick v. . FrankfieldNew York Court of Appeals · 1878
- Lake v. TysenNew York Court of Appeals · 1852
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3Cited by1 opinion
- Tallman v. EarleNew York Court of Common Pleas · 1891