Pinckney v. Hagadorn
The Superior Court of New York City
This was an action brought by the plaintiff to enforce specific performance of an agreement for the sale of real estate. The complaint alleged, that on the 12th of March, 1851, the defendant caused a certain lot of ground belonging to him, situated on St. Mark’s Place, in the city of Hew York, and described in the complaint, to he offered for sale at public auction.
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This was an action brought by the plaintiff to enforce specific performance of an agreement for the sale of real estate. The complaint alleged, that on the 12th of March, 1851, the defendant caused a certain lot of ground belonging to him, situated on St. Mark’s Place, in the city of Hew York, and described in the complaint, to he offered for sale at public auction. That the same was subsequently struck off to the plaintiff, he being the highest bidder, and that the plaintiff, having complied with the terms of sale, had demanded a deed from the defendant, which was refused. The complaint…
1Opinion of the CourtBy the Court. Sandford, J.
The defendant resists a specific performance of this agreement on various grounds. We will consider, first, the objections made upon the statute of frauds.
Before the revised statutes it was settled that the auctioneer, *96in these public sales, is the agent of both the buyer and the seller, and that his entry of the name of the purchaser in his sales book, immediately on striking off the property to him, was a sufficient signing of the contract to bind the purchaser. (McComb v. Wright, 4 J. C. R. 659; Emerson v. Healis, 2 Taunt. 38; Rennys v. Proctor, 3 Ves. and B. 57; First Baptist Church v.…
2Cases cited5 opinions
- Evans v. Wells & SpringCourt for the Trial of Impeachments and Correction of Errors · 1839
- In re Trustees of the First Baptist Church v. BigelowNew York Supreme Court · 1836
- Champlin v. ParishNew York Court of Chancery · 1845
- Edgerton v. PeckhamNew York Court of Chancery · 1844
- Jackson ex dem. Dickson v. StanleyNew York Supreme Court · 1813
3Cited by6 opinions
- Tallman v. . FranklinNew York Court of Appeals · 1856
- Squier v. NorrisNew York Supreme Court · 1869
- Tallman v. FranklinNew York Court of Appeals · 1856
- Talman v. FranklinThe Superior Court of New York City · 1854
- Briggs v. PartridgeThe Superior Court of New York City · 1875
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