Tallman v. Franklin
New York Court of Appeals
Action in the superior court of the city of New-York to recover against the purchaser of real estate at auction, the difference between the price at which he purchased and the price at which the lots were subsequently sold at auction after he had refused to complete the purchase made by him.
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Action in the superior court of the city of New-York to recover against the purchaser of real estate at auction, the difference between the price at which he purchased and the price at which the lots were subsequently sold at auction after he had refused to complete the purchase made by him. On the trial before Chief Justice Oakley, a letter from the plaintiff Tallman to Anthony J. Bleecker, who as auctioneer made the sale in question, was read in evidence in the following words and figures: “ (Terms of Sale.) “ New-Yobk, May 17, 1852. “ Anthony J. Bleeckeb, Esq., “ Sir: The following are the…
1Opinion of the CourtA. S. Johnson, J.
The question in this case is whether the evidence of the contract of sale is sufficient to satisfy the terms of the statute of frauds, relative to the sale of lands. The statute declares void every contract for the sale of lands, unless it, or some note or memorandum of it expressing the consideration, be in writing and be subscribed by the party by whom the lease or sale is to be made, or by his agent lawfully authorized. (2 R. S., 135, §§ 8, 9.) The memorandum of the contract in this case was held to be defective upon two grounds: First. That it did not contain the terms and conditions of…
2Cases cited3 opinions
- Parkhurst v. Van CortlandCourt for the Trial of Impeachments and Correction of Errors · 1816
- In re Trustees of the First Baptist Church v. BigelowNew York Supreme Court · 1836
- Pinckney v. HagadornThe Superior Court of New York City · 1852
3Cited by3 opinions
- Potts v. . HartNew York Court of Appeals · 1885
- Wallace v. NodineNew York Supreme Court · 1890
- Kimball v. CashAppellate Terms of the Supreme Court of New York · 1919