Legal Opinion

Reeves v. . Kimball

New York Court of Appeals

Decided March 22, 1869PublishedCited by 9 opinions

This is an appeal by tlie plaintiff from a judgment of the General Term in the fifth judicial district, affirming judgment in favor of the defendant, upon the report of a referee. The action was for specific performance of a contract to convey a lot of land in Brown ville, Jefferson county; and the dispute was as to the amount the defendant was entitled to demand as a condition of his giving the deed. - The facts are fully and particularly stated in the opinion of the court.

1Opinion of the Court

This was an action to enforce the specific performance of a contract, bearing date the 2d day of March, 1857, for the sale of a piece of land, agreed to be sold by the defendant to Chester Folsom, and by him assigned to the plaintiff.

The issues therein were tried by a referee, and his conclusions, both of fact and law, have been affirmed by the General Term of the Supreme Court in the fifth district. We must, therefore, on the appeal from its judgment to this court, assume his finding of fact to be correct. From those as stated in the case, and the admissions in the pleadings, it appears:

1st.…

2Cited by9 opinions

  1. Atchison, T. & S. F. Ry. Co. v. HurleyCourt of Appeals for the Eighth Circuit · 1907
  2. Burlingham v. HanrahanNew York Supreme Court · 1931
  3. Dodge v. MillerNew York Supreme Court · 1894
  4. Jamaica Savings Bank v. TaylorAppellate Division of the Supreme Court of the State of New York · 1902
  5. Squire v. GreeneAppellate Division of the Supreme Court of the State of New York · 1898

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