Harris v. . Frink
New York Court of Appeals
Appeal from judgment of the General Term of j;he Supreme court in the eighth judicial district, entered upon an order denying motion to set aside a nonsuit and for a new trial. (Reported below, 2 Lansing, 35.) The action was to recover possession of a quantity of oats raised by plaintiff upon land of Charles W. Frink, for whom defendants were agents, of which land plaintiff had possession under a parol agreement to purchase.
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Appeal from judgment of the General Term of j;he Supreme court in the eighth judicial district, entered upon an order denying motion to set aside a nonsuit and for a new trial. (Reported below, 2 Lansing, 35.) The action was to recover possession of a quantity of oats raised by plaintiff upon land of Charles W. Frink, for whom defendants were agents, of which land plaintiff had possession under a parol agreement to purchase. Plaintiff was non-suited upon the opening of his counsel to the jury. The allegations in the opening are set forth in the opinion. Exceptions were ordered to be heard at…
1Opinion of the CourtRapallo, J.
The crop of oats in controversy was alleged, in the opening of the plaintiff’s counsel, to have been sowed by the plaintiff while in possession of the land under a parol contract of purchase. It was also offered to he shown that the crop was raised with the consent of the vendor, it having been a part of the agreement that the plaintiff should go into immediate possession of the farm, and work it until the defendants, who were the agents of the vendor, should be ready to carry out the agreement of sale; that the defendants assisted the plaintiff in putting in the crop, receiving pay from him…
2Cases cited26 opinions
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