Lord v. Underdunck
New York Court of Chancery
% The bill was filed by Jacob A. Lord, to compel the defendants to execute to him a deed of 100 acres of land, in the town of Hancock, in the county of Delaware ; and to restrain an action of ejectment for its recovery, which they had commenced against him in October, 1840. Previous to the third of October, 1837, James Underdunck, the father of the defendants, being the owner of an undivided interest in mills, &c., in Hancock, and the owner in severalty, óf a tract of 800…
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% The bill was filed by Jacob A. Lord, to compel the defendants to execute to him a deed of 100 acres of land, in the town of Hancock, in the county of Delaware ; and to restrain an action of ejectment for its recovery, which they had commenced against him in October, 1840. Previous to the third of October, 1837, James Underdunck, the father of the defendants, being the owner of an undivided interest in mills, &c., in Hancock, and the owner in severalty, óf a tract of 800 acres in the same town, agreed by parol, to sell and convey the same to Miles Smith, for the price of $5300. Mr. U.…
1Opinion of the Court
The Assistant Vice-Chancellor.
It is my present impression, that the case is to be considered as standing upon the original agreement, made by James Underdunck with Miles Smith, for the sale of dll his property in Hancock, for the *48gross sum of $5300 ; and that the assent of Smith to receive two deeds instead of one, did not form a new contract, nor essentially vary the one previously made. In this view, there was a sufficient part performance of the agreement to take the case out of the statute of frauds. The whole consideration was paid, and the principal portion of the property was conveyed…
2Cases cited4 opinions
- Van Epps v. Van DeusenNew York Court of Chancery · 1833
- Townsend v. CorningNew York Supreme Court · 1840
- M. & C. Miller v. BearNew York Court of Chancery · 1831
- Kennedy v. Wood & SmithNew York Supreme Court · 1838
3Cited by3 opinions
- Cavalli v. . AllenNew York Court of Appeals · 1874
- Danforth v. LaneySupreme Court of Alabama · 1856
- Curtis v. WilliamsAppellate Court of Illinois · 1890