Cooley v. . Lobdell
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the fourth judicial department, entered December 15, 1894, affirming a judgment in favor of defendant entered upon a nonsuit granted at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion. The parol contract between Olive Y. Lobdell and Gideon, her husband, was taken out of the Statute of Frauds by a part performance, and became an enforceable obligation.
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Appeal from a judgment of the General Term of the Supreme Court in the fourth judicial department, entered December 15, 1894, affirming a judgment in favor of defendant entered upon a nonsuit granted at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion. The parol contract between Olive Y. Lobdell and Gideon, her husband, was taken out of the Statute of Frauds by a part performance, and became an enforceable obligation. (Smith v. Smith, 125 N. Y. 224; Dunckel v. Dunckel, 141 N. Y. 427; Godine v. Kidd, 64 Hun, 585 ; Matthews v. Matthews, 62 Hun, 110;…
1Opinion of the CourtVann, J.
In the fall of 1874 a vea-bal agreement was made between Gideon Lobdell and Olive, his wife, whereby she was to lend bina enough rnoney to build a house on a part of his farm, and iia consideration thereof he was to convey to her sixty acres off the western end, including the land on which the house was to be erected. It was a part of the ara’angement that he was to coaivey as soon as the house was coaaapleted, and that he was to work the farm and have the proceeds, but was to pay off a mortgage oia- the land. In 1875, under this arrangement, he received from her about $4,000, and iia 1876 he…
2Cases cited8 opinions
- Wright v. . WeeksNew York Court of Appeals · 1862
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- Miller v. . BallNew York Court of Appeals · 1876
- Odell v. . MontrossNew York Court of Appeals · 1877
- Bruce v. . TilsonNew York Court of Appeals · 1862
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