Kelman v. Wilen
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Action in trespass for cutting down and carrying away planted trees and shrubs. It appears that the parties heretofore entered into an agreement by oral stipulation in open court whereunder the defendant would convey to plaintiff a tract of vacant land for a consideration of $500. The agreement was silent as to the time at which plaintiff might have possession. The complaint alleges that after making the agreement the land was surveyed, that plaintiff planted trees and shrubs thereon, that defendant cut down and carried away the plantings, that subsequently plaintiff caused a payment of $500…
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