Tobias v. Lynch
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Annie E. Lynch, from a judgment of the County Court of the county of Kings in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 5th day of February, 1920, upon the decision of the court which decreed that defendant specifically perform a contract for the sale of land.
1Opinion of the Court
Blackmar, J.:
The judgment might well be affirmed without comment except that so many cases are coming before us in which vendors are resisting specific performance of their contracts for the sale of land on the defense of the Statute of Frauds, that we think a consideration of the points raised in this case may not be out of place.
The contract is as follows:
“ May 3, 1919.
“Agreement between
“ Mrs. Annie E. Lynch “ and
“ Edward Tobias
“ For sale of house number 1142 E. 13th St., Bklyn sale price $4,250 subject to 1st of $3,000 and lease to Sam J. Heines expiring May 1st, 1920. Deposit $50.00.
"…
2Cases cited9 opinions
- Grafton v. CummingsSupreme Court of the United States · 1879
- Mentz v. . NewwitterNew York Court of Appeals · 1890
- Nichols v. JohnsonSupreme Court of Connecticut · 1834
- Wright v. . WeeksNew York Court of Appeals · 1862
- Davis v. ShieldsNew York Supreme Court · 1841
4 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Birnhak v. VaccaroAppellate Division of the Supreme Court of the State of New York · 1975
- Allied Sheet Metal Works, Inc. v. Kerby Saunders, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Walker Avenue Realty Co. v. Alaskan Fur Co.Court of Appeals of Texas · 1939
- Villano v. G & C Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 1974
- Gregg v. U.S. Industries, Inc.Court of Appeals for the Eleventh Circuit · 1983
24 more not listed; retrieve them via the Exa API.