Unglish v. . Marvin
New York Court of Appeals
Appeal from order of the General Term of the Supreme-Court in the fifth judicial department, made October 1, 1889, which reversed a judgment in favor of defendant entered upon the report of a referee and granted a new trial. The nature of the action and the facts, so far as material,, are stated in the opinion. The referee’s findings are-conclusive upon this appeal. (Code Civ. Pro. §§ 993, 1023; Burnap v. Nat.
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Appeal from order of the General Term of the Supreme-Court in the fifth judicial department, made October 1, 1889, which reversed a judgment in favor of defendant entered upon the report of a referee and granted a new trial. The nature of the action and the facts, so far as material,, are stated in the opinion. The referee’s findings are-conclusive upon this appeal. (Code Civ. Pro. §§ 993, 1023; Burnap v. Nat. Bank, 96 N. Y. 125; Thompson v. Bank, 82 id. 1; Groff v. Ross, 47 Hun, 152.) The only question then left for the referee was the question of damages, and this-was the theory upon which…
1Opinion of the CourtO’Brien, J.
The plaintiff sought in this action to recover damages for breach of a verbal agreement made with the defendant, by which he agreed to occupy seven or eight, acres of defendant’s farm for five years from the spring of 1884, on the following terms and conditions: The defendant was to furnish for plaintiff’s use and occupancy the house and garden on the premises, the lower part of the barn, pasture for a horse and cow, such straw for feed and bedding as might be needed and the use of a horse in the busy season. Also to prepare so much of the ground as they might conclude to be desirable for the…
2Cases cited2 opinions
- Taylor v. . BradleyNew York Court of Appeals · 1868
- Coudert v. . CohnNew York Court of Appeals · 1890
3Cited by10 opinions
- Arbenz v. Exley, Watkins & Co.West Virginia Supreme Court · 1903
- Seed v. JohnstonAppellate Division of the Supreme Court of the State of New York · 1901
- Kimmelman v. TenenbaumNew York Supreme Court · 1944
- Maccarini v. New Haven Trap Rock Co.District Court, S.D. New York · 1957
- 2458 Bedford Avenue Realty Corp. v. BernardNew York Supreme Court · 1962
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