Winchell v. . Winchell
New York Court of Appeals
Appeaí from judgment of the General Term of the Supreme Qourt, in the fourth judicial department, entered upon an order made April 14, 1883, which affirmed a judgment in favor of defendants, entered upon a decision of the court' on trial at Special Term. The nature of the action and the material facts are stated in the opinion.
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Appeaí from judgment of the General Term of the Supreme Qourt, in the fourth judicial department, entered upon an order made April 14, 1883, which affirmed a judgment in favor of defendants, entered upon a decision of the court' on trial at Special Term. The nature of the action and the material facts are stated in the opinion. The defendant having upon cross-examination denied that he had admitted to Mr. Greenfield that the purchase-price or a part thereof had been paid to him by the plaintiff, plaintiff had a right in rebuttal to contradict him upon this point, and a refusal of the court to…
1Opinion of the CourtRapallo, J.
The appellant claims that the judgment in this action should be reversed for error in the exclusion of evidence offered on the trial.
The action was brought to compel specific performance of. a verbal contract for the sale and conveyance of land, the plaintiff, who is the father of the defendant, claiming that there had been such a part performance of the contract as to entitle him to relief in equity. He testified, among other things, to the payment of the purchase-money by him to the defendant, and the defendant, on his direct examination as a witness in his own behalf, while substantially…
2Cases cited1 opinion
- Farrington v. Frankfort BankNew York Supreme Court · 1857
3Cited by15 opinions
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- McGowan v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1895
- Ludwig v. BungartAppellate Division of the Supreme Court of the State of New York · 1900
- Hunt v. . HuntNew York Court of Appeals · 1902
- Ankersmit v. . TuchNew York Court of Appeals · 1889
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