Dung v. Parker
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was to recover damages alleged to have been occasioned by false and fraudulent representations of defendant.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was to recover damages alleged to have been occasioned by false and fraudulent representations of defendant. Defendant falsely represented that he had authority to lease, as agent for the College of Physicians and Surgeons, certain premises in Hew York city, and, as such agent, he contracted by parol to lease said premises to plaintiff for the term of two years. Belying upon the agreement- plaintiff…
1Opinion of the CourtAndrews, J.
The contract proved, on the part of the plaintiff, was a parol contract by the defendant assuming to act as agent for the College of Physicians and Surgeons, for the leasing to the plaintiff, for the term of two years, of a store to be occupied" as a drug store.
If the defendant had possessed full authority to lease the premises, or if the contract had been made directly with the trustees of the corporation, it would have been without legal force or validity.
The statute declares that a contract for the leasing of lands for a longer period than one year, unless the contract or some note or…
2Cases cited4 opinions
- Cagger v. . LansingNew York Court of Appeals · 1871
- Palmer v. StephensCourt for the Trial of Impeachments and Correction of Errors · 1845
- Meech v. SmithNew York Supreme Court · 1831
- Gallager v. BrunelNew York Supreme Court · 1826
3Cited by2 opinions
- City of Rochester v. . MontgomeryNew York Court of Appeals · 1878
- Green v. Indian Gold Min. Co.U.S. Circuit Court for the District of Montana · 1903