Daniels v. Rogers
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William A.. Rogers, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 9th day of March, 1905, upon tjie decision of the court, rendered after a trial'at the New York Special Term, sustaining the plaintiff’s demurrer to certain defenses contained in the answer of the said defendant Rogers.
1Opinion of the Court
*339The following is the opinion of Clarke, J., delivered at Special Term:
Clarke, J.:
Action for specific performance by vendees of a contract for the purchase of lands in Texas. Plaintiff demurs to the first separate defense, which alleges that the extension of the time for performance of the written agreement was not in writing, and that hence the extension agreement and the written contract are void by the provisions of the Statute of Frauds of the State of New York,* and to the second separate defense, which alleges that said extension and said contract are void by the provisions of article…
2Cases cited2 opinions
- Thomson v. . PoorNew York Court of Appeals · 1895
- Miller v. TuckAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by8 opinions
- Brooks v. YarbroughCourt of Appeals for the Tenth Circuit · 1930
- Raoul v. Olde Village Hall, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
- Woolley v. BishopCourt of Appeals for the Tenth Circuit · 1950
- Hummell v. CruikshankAppellate Division of the Supreme Court of the State of New York · 1952
- Franklin Sugar Refining Co. v. LipowiczAppellate Division of the Supreme Court of the State of New York · 1927
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