Bullenkamp v. Bullenkamp
Appellate Division of the Supreme Court of the State of New York
Judgment affirmed, with costs. — Appeal by the plaintiff from a judgment of the Supreme Court in favor of the defendant, which judgment was entered - in the office of the clerk of Kings county on the 29th day of December, 1899, after a trial at Special Term.—
1Per curiam
This case has already been twice reviewed in this court. (Bullenkamp v. Bullenkamp, 34 App. Div. 193; 43 id. 510) Upon the first appeal we held that at most the findings of the trial court established only the breach of an oral agreement to re~ conveyland. Such an agreement not being *624enforcible in equity, we reversed the judg-1 ment directing a reconveyance by the defendant and sent the case back for a new trial, with an intimation that upon the proof fliere to be adduced the plaintiff might make out an implied trust in real property under the doctrine of Goldsmith v. Goldsmith (145 N. Y.…
2Cases cited2 opinions
- Goldsmith v. . GoldsmithNew York Court of Appeals · 1895
- Bullenkamp v. BullenkampAppellate Division of the Supreme Court of the State of New York · 1898