Thomson v. . Poor
New York Court of Appeals
. Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 15, 1893, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Circuit before the court without a jury. This action was brought to recover a balance claimed to be due under a contract.
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. Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 15, 1893, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Circuit before the court without a jury. This action was brought to recover a balance claimed to be due under a contract. On the 1st of April, 1885, the parties entered into a contract in writing under seal for the sale by the plaintiff to the defendants of the bark on the hemlock trees on the “ Harris ” lot, owned by the plaintiff, at a specified price…
1Opinion of the Court
Andrews, Oh. J.
It was assumed by both parties on the argument that under the case of Green v. Armstrong (1 Den. 550) the contract of April 1, 1885, for the sale,by the plaintiff to the defendants of the bark on the hemlock trees on the “ Harris ” lot, to be peeled by the purchaser, was a contract for the sale of an interest in lands required by the Statute of Frauds to be in writing. We shall determine the case upon this assumption without examination of its correctness. (See Nettleton v. Sikes, 8 Met. 34.) The contract was in fact in writing, and its validity is not questioned. The stress of…
2Cases cited6 opinions
- McCreery v. . DayNew York Court of Appeals · 1890
- Green v. ArmstrongCourt for the Trial of Impeachments and Correction of Errors · 1845
- Blood v. GoodrichNew York Supreme Court · 1832
- Pierrepont v. . BarnardNew York Court of Appeals · 1852
- Flynn v. McKeonThe Superior Court of New York City · 1856
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3Cited by80 opinions
- Nassau Trust Co. v. Montrose Concrete Products Corp.New York Court of Appeals · 1982
- R. H. Stearns Co. v. United StatesSupreme Court of the United States · 1934
- Rose v. Spa Realty AssociatesNew York Court of Appeals · 1977
- Imperator Realty Co. v. . TullNew York Court of Appeals · 1920
- Toplitz v. . BauerNew York Court of Appeals · 1900
75 more not listed; retrieve them via the Exa API.