Murdock v. Gilchrist
New York Court of Appeals
Appeal from order of General Term of the Supreme Court in the fourth judicial district, reversing a judgment in favor ■ of plaintiff entered upon a verdict, and granting a new trial. This action was brought to recover an excess over the purchase price of a piece of land, alleged to have been paid by mistake.
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Appeal from order of General Term of the Supreme Court in the fourth judicial district, reversing a judgment in favor ■ of plaintiff entered upon a verdict, and granting a new trial. This action was brought to recover an excess over the purchase price of a piece of land, alleged to have been paid by mistake. In 1864, Archibald Young and Archibald Young, Jr., plaintiff’s assignors, entered into a verbal agreement with defendant for the purchase of a farm, situate in Argyle, Washington county, belonging to the latter, fdr the price of ' forty-four dollars per acre. Defendant represented and…
1Opinion of the CourtAndrews, J.
The verbal contract for the sale by the defendant to the Youngs’, of the farm of the former, was followed by the vendees taking possession under the contract, and paying part of the purchase-money; and the proof establishes a contract, which, although by parol, could have been enforced in an action by the vendees for a specific performance.
The rights of the parties to this action are the same as as if the preliminary contract had been in writing. It is important to bear in mind their respective obligations under. that contract. The negotiation between them was for the purchase and sale of the…
Also in this document: Dissent.
2Cases cited4 opinions
- Witbeck v. . WaineNew York Court of Appeals · 1858
- Seitzinger ex rel. Drinkel v. WeaverSupreme Court of Pennsylvania · 1829
- Graves v. . DudleyNew York Court of Appeals · 1859
- American Insurance v. HuttonNew York Supreme Court · 1840