Milholland v. Payne
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John E. Milholland, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Essex on the 23d day of December, 1914, dismissing the complaint on the merits, upon the decision of the court after a trial before the court without a jury. An appeal is also taken, as stated in the notice of appeal, from the decision pursuant to which the judgment was entered.
1Opinion of the Court
Smith, P. J.:
TMs is an action to enforce specific performance of a contract to sell certain lands to the appellant. The contract was an oral one and so clearly void by the statute, unless there has been such a part performance as is recognized in equity. This is the second time the case has been before us. Upon the first appeal (reported in 159 App. Div. 10), after a dismissal of the complaint by the trial judge on the ground both of lack of consideration and the Statute of Frauds, we held that there was a good consideration, and also that as to the Statute of Frauds the case of' Wheeler v.…
2Cases cited3 opinions
- Wheeler v. . ReynoldsNew York Court of Appeals · 1876
- Lathrop v. HoytNew York Supreme Court · 1849
- Milholland v. PayneAppellate Division of the Supreme Court of the State of New York · 1913
3Cited by4 opinions
- Williamsburg City Fire Insurance v. LichtensteinAppellate Division of the Supreme Court of the State of New York · 1918
- Williamsburg City Fire Insurance v. LichtensteinNew York Supreme Court · 1916
- Brune v. Vom LehnNew York Supreme Court · 1920
- Zelzer v. Yorkville Park Co.New York Supreme Court · 1931