Coles v. Bowne
New York Court of Chancery
This was an appeal by the defendant from a decree of the late assistant vice chancellor of the first circuit. The complainants, as the executors of J. Coles deceased, with power to sell his real estate, filed their bill in this cause for the specific performance of an alleged agreement, by the defendant, to purchase one hundred and one lots and //¡j- of a lot, in the city of Brooklyn, at the rate of $30 for each lot, estimating each lot to contain 2500 square feet of land.
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This was an appeal by the defendant from a decree of the late assistant vice chancellor of the first circuit. The complainants, as the executors of J. Coles deceased, with power to sell his real estate, filed their bill in this cause for the specific performance of an alleged agreement, by the defendant, to purchase one hundred and one lots and //¡j- of a lot, in the city of Brooklyn, at the rate of $30 for each lot, estimating each lot to contain 2500 square feet of land. The bill alleged, in substance, that on the 2d of June, 1836, the complainants caused a part of the estate to be sold, at…
1Opinion of the Court
The Chancellor.
From the testimony in this case I think it is very doubtful whether the premises in question were not set up in such a manner as to induce the defendant to suppose the block was to be sold together, as one entire parcel; and without reference to the number of building lots which might possibly be made out of it if the mill pond, which overflowed the land, should be drained off and the bed thereof be filled up to the contemplated grade of "the city. The answer of the defendant, which is responsive to the bill in this respect, is corroborated by the testimony of Day, the city…
2Cases cited1 opinion
- Davis v. ShieldsNew York Supreme Court · 1841
3Cited by29 opinions
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Feeney v. HowardCalifornia Supreme Court · 1889
- Insurance Co. v. Young's AdministratorSupreme Court of the United States · 1875
- Welles v. . YatesNew York Court of Appeals · 1871
- Brandeis v. NeustadtlWisconsin Supreme Court · 1860
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