Youmans v. Forsyth
New York Supreme Court
Appeal from judgment on report of referee. Action by William Youmans against Julia D. Forsyth for specific performance. Judgment was entered in favor of plaintiff, and defendant appeals.
Read the full summary
Appeal from judgment on report of referee. Action by William Youmans against Julia D. Forsyth for specific performance. Judgment was entered in favor of plaintiff, and defendant appeals. The appeal book discloses that the issues in this action were brought to trial before a special term of this court, December 16, 1890, and that, after the case was partially tried, the following order was made and entered: “The above-mentioned action at issue, and being No. IS upon the calendar of this court at the above-mentioned term, and the same having been reached and brought on for trial at said term,…
1Opinion of the CourtMartin, J.
While there was a sharp and direct conflict in the evidence in this case, yet we are inclined to the opinion that it was sufficient to justify the referee in finding that the plaintiff purchased the farm and personal property in question for the defendant, and in pursuance of her agreement that she would purchase the same from him at the price paid by him therefor, take title to the same, give him a bond and mortgage to secure the payment of the purchase price, and assign and transfer to him her interest in the estate of Henry Johnston, deceased, as collateral security therefor, and in…
2Cases cited4 opinions
- Beardsley v. . HotchkissNew York Court of Appeals · 1884
- Henry v. . RootNew York Court of Appeals · 1865
- Aldrich v. FunkNew York Supreme Court · 1888
- Kincaid v. KincaidNew York Supreme Court · 1895
3Cited by1 opinion
- Whitman v. Home Guardian Co.New York Supreme Court · 1929