Marsh v. Wyckoff
The Superior Court of New York City
This was an appeal by the plaintiff from the judgment entered upon the report of Joseph Heilson, Esq., as Referee; in favor of the defendant. The complaint was for money had and received by the defendant to the plaintiff’s use. The proof showed that the plaintiff entered into a parol agreement with the defendant for the purchase of certain real estate, and that the money in question was paid toward the contract price.
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This was an appeal by the plaintiff from the judgment entered upon the report of Joseph Heilson, Esq., as Referee; in favor of the defendant. The complaint was for money had and received by the defendant to the plaintiff’s use. The proof showed that the plaintiff entered into a parol agreement with the defendant for the purchase of certain real estate, and that the money in question was paid toward the contract price. The details of the facts found by the Referee are stated in the opinion of the Court. The part of the opinion of the Referee before whom the cause was tried, which had reference…
1Opinion of the Court
By the Court—Moncrief, J.
The facts as found by. the Referee, are not disputed. It appears, therefore, as matters óf fact:
1. That on the'10th day of. August, 1860, a verbal agreement was made between the plaintiff and the defendant, whereby the plaintiff agreed to purchase, and the defendant agreed to sell and convey to the plaintiff the lands mentioned in' the defendant’s answer, for- the price and according- to the terms set forth therein. ^
•2. That the plaintiff not being ready to perform his part of the agreement, the time for such performance was, at his request, postponed from time to…
2Cases cited4 opinions
- Abbott v. DraperNew York Supreme Court · 1847
- Dowdle v. CampNew York Supreme Court · 1815
- Boughton v. BruceNew York Supreme Court · 1838
- Thurman v. StevensThe Superior Court of New York City · 1853
3Cited by3 opinions
- Murphin v. ScovellSupreme Court of Minnesota · 1889
- Zorn v. McFarlandThe Superior Court of the City of New York and Buffalo · 1894
- Zorn v. McParlandThe Superior Court of New York City · 1894