Legal Opinion

Cook v. Sackett

Appellate Division of the Supreme Court of the State of New York

Decided December 30, 1905Published

Submission óf a controversy upon an agreed statement of facts pursuant tó section 1279 of the Code of Civil Procedure.

1Opinion of the Court

Clarke, J.:

Plaintiff seeks to have defendant specifically perform a contract for the purchase of real estate; defendant asks to have the contract rescinded and that he be released from its obligation. The title of plaintiff is questioned.

Charles Gallagher, owner of the land in question, died leaving a last will and testament duly admitted to probate in which he said : “I,- Charles Gallagher, give and. bequeath to my wife Elizabeth Gallagher, all my personal and real estate, together with my sloop and oyster beds, for the support of her and my children while she lives and remains unmarried,…

2Cases cited4 opinions

  1. Fleming v. . BurnhamNew York Court of Appeals · 1885
  2. Rose v. . HatchNew York Court of Appeals · 1891
  3. Swarthout v. . RanierNew York Court of Appeals · 1894
  4. Salisbury v. RyonAppellate Division of the Supreme Court of the State of New York · 1905

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