Woolley v. . Stewart
New York Court of Appeals
Appeal from a judgment, entered October 22, 1915, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term, and directing judgment in favor of plaintiffs. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment, entered October 22, 1915, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term, and directing judgment in favor of plaintiffs. The nature of the action and the facts, so far as material, are stated in the opinion. There was no evidence of the part performance of a contract properly admitted upon which to base the finding of an alleged oral agreement. (Code Civ. Pro. § 1317; Lamport v. Smedley, 213 N. Y.…
1Opinion of the CourtCollin, J.
The action is to compel the specific performance of an oral agreement on the part of Horatio S. Stewart to convey real estate to Edward A. Woolley. The Special Term decided that the complaint should be dismissed upon the merits. The Appellate Division reversed certain of the findings of fact and conclusions of law made by the Special Term, and the consequent judgment, made certain new findings of fact and conclusions of law, and adjudged that the oral agreement be performed and an accounting to the plaintiffs of the rents and profits of the real estate be had.
The complaint avers, and the…
2Cases cited14 opinions
- Patterson v. HewittSupreme Court of the United States · 1904
- Freeman v. . FreemanNew York Court of Appeals · 1870
- Wheeler v. . ReynoldsNew York Court of Appeals · 1876
- Gilmore v. . HamNew York Court of Appeals · 1894
- Cooley v. . LobdellNew York Court of Appeals · 1897
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3Cited by107 opinions
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