Losee v. Morey
New York Supreme Court
THIS was an action by Losee, a vendee, against Morey, the vendor, for the specific performance of a written agreement for the sale of real estate. Cramer was made a defendant as a subsequent purchaser, from Morey.
1Opinion of the CourtBocees, J.
The first question to be determined is ofie of fact—whether the agreement mentioned in the complaint was executed and delivered, and became a valid, binding contract between the parties. x The defendant admits that he signed the paper, but insists that it does not correctly or fully express the agreement between them; and he' denies that it was delivered as a final and binding contract; but says that it was made and signed merely as a memorandum, from which another and perfect contract was afterwards to be prepared.
The parties, Losee and Morey, have both been exam *563ined as witnesses, and the…
2Cases cited8 opinions
- Brown v. Haff & LyonNew York Court of Chancery · 1835
- Valentine v. ValentineNew York Court of Chancery · 1847
- German v. MachinNew York Court of Chancery · 1837
- Boyd v. VanderkempNew York Court of Chancery · 1846
- Phillips v. BergerNew York Supreme Court · 1848
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3Cited by16 opinions
- Los Angeles Immigration & Cooperative Ass'n v. PhillipsCalifornia Supreme Court · 1880
- Stevens v. TraskNew York Court of Common Pleas · 1892
- Hodge v. City of BuffaloSuperior Court of Buffalo · 1874
- Smith v. GunnNew York Supreme Court · 1891
- Lummis v. Van DykeAppellate Division of the Supreme Court of the State of New York · 1897
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