Rider v. . Powell
New York Court of Appeals
This action was brought to reform a bond and also a mortgage on a farm in Delaware county, executed by the defendant to George Eider, the original plaintiff, who has died since the trial.
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This action was brought to reform a bond and also a mortgage on a farm in Delaware county, executed by the defendant to George Eider, the original plaintiff, who has died since the trial. The facts ‘are, that on the 3d day of March, 1858, George Eider, since deceased, made an oral contract with the defendant to sell him his farm and certain personal property on the same, for $4600. Defendant to have possession immediately after the- execution of the proper writings, which were to be executed the next day. The defendant was to pay Eider $100 down—$1000 more on or before the 1st day of the…
1Opinion of the CourtBalcom, J.
Eider and wife conveyed the farm to the defendant, and he took possession of it and also of the personal property he purchased with it. He paid Eider $1100 in cash, and gave him an indorsed note for $500 in part payment of the purchase money. The oral contract therefore was so far performed as to relieve it from the operation of the statute of frauds; and the defendant could'not retain the farm and personal property without giving Eider such a bond and mortgage as their oral contract called for, unless the fact that there was no fraud or mistake on the part of the defendant," as to the terms…
2Cases cited2 opinions
- Mowatt v. WrightNew York Supreme Court · 1828
- Mathews v. TerwilligerNew York Supreme Court · 1848
3Cited by23 opinions
- Welles v. . YatesNew York Court of Appeals · 1871
- Kilmer v. . SmithNew York Court of Appeals · 1879
- Beardsley v. . DuntleyNew York Court of Appeals · 1877
- Botsford v. McLeanNew York Supreme Court · 1866
- Smith v. JordanSupreme Court of Minnesota · 1868
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