Mentz v. . Newwitter
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Hew York, entered upon an order made May 18, 1888, which affirmed a judgment in favor of plaintiff entered upon the report of a referee.
Read the full summary
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Hew York, entered upon an order made May 18, 1888, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This action was brought to recover from the defendant the difference between the sum bid for certain real estate at an auction sale thereof and the sum for which said real estate was resold upon the refusal of the defendant to complete his purchase. The referee found the following facts: ■ On April 28, 1886, the plaintiff was the owner of premises known as No.…
1Opinion of the CourtBrown, J.
The exceptions to the referee’s finding that the premises in question were sold by Harnett & Company, the auctioneers, to the defendant, and that said auctioneers thereupon made and signed a memorandum of sale present the question of the sufficiency of the memorandum recorded in the •auctioneers’ books.
It is upon that memorandum that the judgment is founded, and it is upon that that the respondent relies as a compliance with the Statute of Frauds. The Statute is as follows :
“ Every contract * * * for the sale of any lands * * * shall be void, unless the contract, or some note or memorandum…
2Cases cited10 opinions
- Grafton v. CummingsSupreme Court of the United States · 1879
- Nichols v. JohnsonSupreme Court of Connecticut · 1834
- Clason v. BaileyCourt for the Trial of Impeachments and Correction of Errors · 1817
- Bailey v. OgdenNew York Supreme Court · 1808
- In re Trustees of the First Baptist Church v. BigelowNew York Supreme Court · 1836
5 more not listed; retrieve them via the Exa API.
3Cited by67 opinions
- William J. Jenack Estate Appraisers & Auctioneers, Inc. v. RabizadehNew York Court of Appeals · 2013
- Ward v. . HasbrouckNew York Court of Appeals · 1902
- Dorman v. CohenAppellate Division of the Supreme Court of the State of New York · 1979
- Kobre v. Instrument Systems Corp.Appellate Division of the Supreme Court of the State of New York · 1976
- Tobias v. LynchAppellate Division of the Supreme Court of the State of New York · 1920
62 more not listed; retrieve them via the Exa API.