Haight v. Child
New York Supreme Court
THIS was an appeal by the defendant Eiley from a judgment entered upon the report of a referee. The action was brought to compel the specific performance of a parol contract for the sale to the defendants of a flouring mill, situate in the city of Eochester.
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THIS was an appeal by the defendant Eiley from a judgment entered upon the report of a referee. The action was brought to compel the specific performance of a parol contract for the sale to the defendants of a flouring mill, situate in the city of Eochester. The complaint states that shortly prior to the first day of September, 1858, the plaintiff, by her agent, Eben H. Buell,, entered into an agreement with the defendant Jonathan H. Child, to sell and convey by a good and sufficient deed, to him, the real estate described in the complaint, “ and that the said Jonathan H. Child, by said…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
The plaintiff seeks in this action a specific performance of a contract for the sale of lands. The contract set out in the complaint is an agreement for the sale of the real estate in question for the price of $10,000, payable by the assumption on the part of the defendants of certain incumbrances thereon to the amount of $9500, and of $500 in two notes of the defendant Childs, at six and twelve months. The defendant Eiley, in his answer, admits the contract as stated in the complaint, except that the contract price was to be $9500, and denies all knowledge…
2Cases cited2 opinions
- Cozine v. Graham & BleekerNew York Court of Chancery · 1830
- Harris v. KnickerbackerCourt for the Trial of Impeachments and Correction of Errors · 1830
3Cited by5 opinions
- Metcalf v. BrandonMississippi Supreme Court · 1881
- Berrien v. SouthackCity of New York Municipal Court · 1889
- Morrill v. CooperNew York Supreme Court · 1873
- Traver v. PurdyNew York Supreme Court · 1893
- Van Epps v. ClockNew York Supreme Court · 1889