Wilcox v. Pratt
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made at the May term, 1889, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. This action was brought for the specific performance of a written contract, an accounting and the appointment of a receiver.
1Opinion of the Court
The following are extracts from the opinion:
“ The appeal in this case does not present any question of law unless it be the right of a party to maintain such an action upon the facts found. On the 3d day of October, 1885, the defendant, being the owner of about fifteen thousand acres of wild land in Herkimer county, entered into a contract in writing with the plaintiff Wilcox whereby Wilcox agreed to pay to the defendant the sum of $5,000, that the parties to this agreement shall immediately proceed to cut, remove, sell and dispose of all the sawing timber, both hard and soft wood, bark,…
2Cases cited1 opinion
- King v. . BarnesNew York Court of Appeals · 1888
3Cited by20 opinions
- Claim of Raymond v. Estate of DavisNew York Court of Appeals · 1928
- Lind v. WebberNevada Supreme Court · 1913
- Forman v. LummAppellate Division of the Supreme Court of the State of New York · 1925
- Botsford v. Van RiperNevada Supreme Court · 1910
- George W. Haxton & Son, Inc. v. RichAppellate Division of the Supreme Court of the State of New York · 1944
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