Jones v. Barnes
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Buell E. Barnes, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chenango on the 14th day of November, 1904, upon the decision of the court, rendered after a trial at the Chenango Special Term, directing the specific performance of a contract for the sale of real estate. The action was brought for the specific performance of a contract.
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Appeal by the defendant, Buell E. Barnes, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chenango on the 14th day of November, 1904, upon the decision of the court, rendered after a trial at the Chenango Special Term, directing the specific performance of a contract for the sale of real estate. The action was brought for the specific performance of a contract. The defendant, on the day it bears date, executed and delivered to the plaintiff an option agreement reading as follows : “Norwich, N. Y., May 4, 1904. “ In…
1Opinion of the Court
Chester, J.:
The finding that the consideration of $1 mentioned in the agreement was paid to the defendant by the plaintiff on the 4th day of May, 1904, is sustained by the evidence and by the preponderance thereof. The defendant, it is true, denied it, but the plaintiff testified to it, so as between them, with nothing to discredit the statement of either, there was no preponderance of evidence one way or the other. But the plaintiff had in addition to his testimony the following recital in the agreement itself signed by the defendant: <£ In consideration of $1.00 to meggaidP This recital is…
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