Miller v. . Ball
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff entered upon the report of a referee. This action was brought to compel a specific performance of an alleged parol contract for the sale of land.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff entered upon the report of a referee. This action was brought to compel a specific performance of an alleged parol contract for the sale of land. The referee found in substance the following facts: That in the fall of 1863, Robert Miller, agent of plaintiff, without disclosing his agency, made a verbal contract with Philip Potter, defendant’s agent, for the purchase of fifty acres of land at three dollars per acre, which he agreed to pay on delivery of a…
1Opinion of the CourtEarl, J.
We will assume, for the present purpose, that there was not a sufficient note or memorandum of the agreement between the parties to satisfy the requirement of the statute of frauds, and we still reach a conclusion adverse to the appellant.
There was sufficient evidence to sustain the finding of the referee that Potter was an authorized agent of the defendant to make the agreement and receive payment for the land. Plaintiff’s brother, Bobert, acted as agent for him in the negotiation with Potter, without disclosing, the name of his principal. Yet, whatever rights were acquired by Bobert…
2Cases cited6 opinions
- Freeman v. . FreemanNew York Court of Appeals · 1870
- Malins v. . BrownNew York Court of Appeals · 1850
- Lowry v. TewNew York Court of Chancery · 1848
- Erwin v. OlmstedNew York Supreme Court · 1827
- Kellogg v. KelloggNew York Supreme Court · 1849
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3Cited by43 opinions
- Cooley v. . LobdellNew York Court of Appeals · 1897
- Walter v. HoffmanNew York Court of Appeals · 1935
- Emmel v. HayesSupreme Court of Missouri · 1890
- Yenom Corp. v. 155 Wooster Street Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Ludwig v. BungartAppellate Division of the Supreme Court of the State of New York · 1900
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