Kincaid v. Kincaid
New York Supreme Court
Appeal from special term, Jefferson county. Action by John B. Kincaid against Charlotte Kincaid for specific performance of a verbal agreement by defendant to execute to plaintiff a life lease of certain real estate. There was a judg-. ment in favor of plaintiff, and defendant appeals.
1Opinion of the CourtMerwin, J.
The appeal in this case is heard on the judgment roll alone, so that the question is whether, in any view of the facts found, the judgment for the plaintiff was properly ordered. Insurance Co. v. Barnard, 96 N. Y. 525. The facts as found by the special term are substantially as follows: The appellant is the daughter of the plaintiff, and was bom on the 4th June, 1871. On the 18th August, 1890, the plaintiff agreed with one Taylor for the purchase of a farm of about 150 acre's and some personal property, the consideration to be paid for the real estate being the sum of $6,000, and for the…
2Cases cited9 opinions
- Ryan v. . DoxNew York Court of Appeals · 1866
- Wheeler v. . ReynoldsNew York Court of Appeals · 1876
- Smith v. . SmithNew York Court of Appeals · 1891
- Henry v. . RootNew York Court of Appeals · 1865
- Farwell v. JohnstonMichigan Supreme Court · 1876
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3Cited by3 opinions
- Davis v. FalorSupreme Court of Missouri · 1940
- Youmans v. ForsythNew York Supreme Court · 1895
- Easling v. Independent Brewing Co.New York Supreme Court · 1916