Briggs v. Partridge
The Superior Court of New York City
Appeal from judgment dismissing complaint. This was an action for the specific performance by the defendants, the alleged vendees, of a contract for the sale of lands.
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Appeal from judgment dismissing complaint. This was an action for the specific performance by the defendants, the alleged vendees, of a contract for the sale of lands. The complaint averred that the plaintiff entered into an agreement in writing, ‘ ‘ with one L. P. Hurlburd, who was acting for, and under the authority of -the defendant, whereby these plaintiffs sold, and the defendants through said Hurlburd bought” a certain described price of land, “for the sum of seven thous- and two hundred dollars, which said sum the defendants, through their agent the said Hurlburd, agreed to pay as…
1Opinion of the Court
By the Court.—Sedgwick, J.
There can be no doubt that in this state many cases have considered it law, that when a contract not under seal has been made in writing by a person apparently acting on his own *342behalf, his undisclosed principal may sue and be sued thereon, and although the contract was required by the statute of frauds to be in writing. The reason of this rule, and the exceptions to it and its limitations, have not been much discussed. Another class of cases have held, that when the cause of action depends upon the written contract, oral evidence can not vary it so as to charge a…
2Cases cited5 opinions
- Tallman v. . FranklinNew York Court of Appeals · 1856
- Burrell v. RootNew York Court of Appeals · 1869
- Pinckney v. HagadornThe Superior Court of New York City · 1852
- Squier v. NorrisNew York Supreme Court · 1869
- Mason v. BreslinThe Superior Court of New York City · 1870