Darrow v. Cornell
Appellate Division of the Supreme Court of the State of New York
Appeal from judgment on report of referee. Action by Stephen O. Darrow against Stephen C. Cornell and others. Defendants filed an answer and cross petition for specific performance. There was a dismissal of the complaint, and a decree for defendants, and plaintiff appealed.
Read the full summary
Appeal from judgment on report of referee. Action by Stephen O. Darrow against Stephen C. Cornell and others. Defendants filed an answer and cross petition for specific performance. There was a dismissal of the complaint, and a decree for defendants, and plaintiff appealed. The plaintiff, on the 6th day of March, 1889, entered into a contract with Jacob N. Doty, deceased, by which the latter agreed to sell and convey to him, by a good and sufficient warranty deed, a farm of 87 acres, situated in Easton, Washington county, N. Y., for the sum of $3,000. By the terms of the contract the…
1Opinion of the CourtPutnam, J.
It is to be inferred from the record that both the plaintiff and the defendants endeavored in good faith to perform the contract. Negotiations to that end were continued from April 1 to December 22, 1894, and both parties were at much trouble and expense in the matter. It cannot be doubted that the plaintiff was desirous of obtaining a deed of the farm. He had contracted for it with a view of securing a home. He had expended over $1,000 in permanent improvements and repairs. During the negotiations he ■employed a surveyor to plot the land, and an attorney to search the records, at a…
2Cases cited15 opinions
- Vought v. . WilliamsNew York Court of Appeals · 1890
- Moore v. . WilliamsNew York Court of Appeals · 1889
- Eddy v. . DavisNew York Court of Appeals · 1889
- Benedict v. LynchNew York Court of Chancery · 1815
- Schmidt v. . ReedNew York Court of Appeals · 1892
10 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Tucker v. ThravesSupreme Court of Oklahoma · 1915