Agan v. Barry
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John S. Barry, individually and as executor, etc., of William Stanton, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of' Rensselaer on the 2d day of April, 1901, upon the decision of the court rendered after a trial at the Rensselaer Trial Term, a jury having been waived. .The action, was .brought to compel the delivery of a deed in accordance with the terms of a contract.
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Appeal by the defendant, John S. Barry, individually and as executor, etc., of William Stanton, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of' Rensselaer on the 2d day of April, 1901, upon the decision of the court rendered after a trial at the Rensselaer Trial Term, a jury having been waived. .The action, was .brought to compel the delivery of a deed in accordance with the terms of a contract. The complaint alleges an oral contract made by plaintiff with defendant John S. Barry, as executor of the last will and…
1Opinion of the Court
Kellogg, J.:
The appellant’s principal argument is that, notwithstanding the oral agreement, there was subsequently made a written agreement under seal, and this was signed by John S. Barry individually and not as executor, hence the executor could not be bound; that the land was the farm of William Stanton at the time of his decease, and John S. Barry, as executor, by the power conferred by the last will of William Stanton, was the sole person who could enter into a contract of sale. Perhaps this argument would prevail if plaintiff was forced to stand on the written contract alone, but he…
2Cited by3 opinions
- In re the Judicial Settlement of the Accounts of the of the Will of StantonNew York Surrogate's Court · 1903
- In re StantonNew York Surrogate's Court · 1903
- Good Report Realty Corp. v. PineAppellate Division of the Supreme Court of the State of New York · 1932