Turner v. Walker
New York Supreme Court
Action to compel specific performance of a contract.
1Opinion of the CourtHoughton, J.
The plaintiff brings this action against the defendant to compel the specific performance of a contract to purchase a large tract of forest land.
The contract is embraced in letters containing offers and acceptances. Waiving the question as to whether the contract was sufficient to satisfy the Statute of Frauds, and whether it was sufficiently definite as to the quantity of land to permit a decree of specific performance, I think the plaintiff’s complaint must be dismissed on the ground that the plaintiff did not proffer a title free from incumbrances.
*380A fair interpretation of the…
2Cases cited9 opinions
- Van Epps v. Van EppsNew York Court of Chancery · 1841
- Moore v. . WilliamsNew York Court of Appeals · 1889
- Wetmore v. . BruceNew York Court of Appeals · 1890
- Williams v. . TownsendNew York Court of Appeals · 1865
- Post v. . KearneyNew York Court of Appeals · 1849
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3Cited by7 opinions
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- New York Telephone Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1915
- Wheeler v. HandyNew York Supreme Court · 1924
- New York Telephone Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1915
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