Hanes v. Sackett
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles A. Hanes, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Ontario on the 9th day of February, 1900, upon the dismissal of the complaint by direction of the court at the close of the evidence after a trial before the court and a jury at the Ontario Trial Term, and also from an order entered in said, clerk’s office on the 14th day of February, 1900, denying the plaintiff’s…
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Appeal by the plaintiff, Charles A. Hanes, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Ontario on the 9th day of February, 1900, upon the dismissal of the complaint by direction of the court at the close of the evidence after a trial before the court and a jury at the Ontario Trial Term, and also from an order entered in said, clerk’s office on the 14th day of February, 1900, denying the plaintiff’s motion for a new trial made upon the minutes. ■ . This action was commenced against Sarah A. Mulholland January 20, 1899, to…
1Opinion of the Court
Spring, J.:
The evidence warrants the conclusion that- when Butler sold the . land he expected to transfer also his claim against Mrs. Mulholland. His agreement with his brother for the erection of a dwelling house was not yet fulfilled. There was no undertaking in writing by him with Davis that it should be carried out, yet it is clear that that also was expected, and that expectation is best supported by the fact that David Butler did build the house pursuant to the agreement. The completion of the house was essential before Mrs. Mulholland was liable to pay the $250, and it was evidently…
2Cases cited10 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Risley v. . Phenix Bank of City of New YorkNew York Court of Appeals · 1881
- Juilliard v. . ChaffeeNew York Court of Appeals · 1883
- Engelhorn v. . ReitlingerNew York Court of Appeals · 1890
- Emmett v. . PenoyerNew York Court of Appeals · 1897
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