Norris v. Lain
New York Supreme Court
■IN ERROR, on certiorari to a Justice’s Court. The defendant in error brought an action in the Court below, against the plaintiff in error, and the following facts appeared on the trial. The parties had made a verbal agreement, by which the plaintiff below was to sell, and the defendant to purchase, a piece of land, for 1800 dollars.
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■IN ERROR, on certiorari to a Justice’s Court. The defendant in error brought an action in the Court below, against the plaintiff in error, and the following facts appeared on the trial. The parties had made a verbal agreement, by which the plaintiff below was to sell, and the defendant to purchase, a piece of land, for 1800 dollars. At the time appointed by the agreement, the plaintiff was ready with a deed, executed and acknowledged on his part, but the defendant refused to complete the bargain. The plaintiff then brought this action, for the expenses of preparing and acknowledging the…
1Per curiam
Here was a parol •■agreement for the sale of land, which is void by the statute of frauds; and being one single and entire contract, it was void in all its parts, and for every purpose. The preparation of the deed was a mere incident to the contract, and fell with it. If the purchaser had verbally agreed wjth the seller, to this effect: “ bring the deed, and if I then choose to refuse it, and vacate the agreement, I will pay for It,” the seller might maintain an action for the price of the deed. There would then, in fact, be two agreements; one for the sale of the land, which is not binding,…
2Cited by5 opinions
- Woodworth v. FranklinSupreme Court of Oklahoma · 1921
- Wells v. . MannNew York Court of Appeals · 1871
- Newcomb v. . HaleNew York Court of Appeals · 1882
- Bingham v. MearsNorth Dakota Supreme Court · 1894
- Deck v. WorksNew York Supreme Court · 1879