Warren v. Winne
New York Supreme Court
Appeal from a judgment for the plaintiff, entered upon the report of a referee, for the value of hops raised upon the defendant’s farm, and for which the plaintiff claimed under an agreement to sell to his assignor. The facts are sufficiently stated in the opinion of the court. The case was submitted upon briefs, without oral argument.
1Opinion of the Court
By the Court
Johnson, P. J.
The point made upon the trial, on behalf of the defendant, that the contract if made, as alleged, between the parties, was void by the statute of frauds, for the reason that it related to an interest in real property, is not now made, and is presumed to he abandoned.
*210It,is-now urged by the defendant’s counsel as it was before the referee, that the agreement if made in- the terms'-shown by the evidence,, was veil for uncertainty. The agreement ayas- verbal-,, and- was made, as- the referee finds, on the 25th of May, 1864, and related to the hops- then- growing.owthe…
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