Pettibone v. Moore
New York Supreme Court
Appeal from special term, Oneida county. Action by Hawley Pettibone- and others against Maria Moore for specific performance. From an interlocutory judgment, sustaining a demurrer to the complaint, plaintiffs appeal. Reversed.
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Appeal from special term, Oneida county. Action by Hawley Pettibone- and others against Maria Moore for specific performance. From an interlocutory judgment, sustaining a demurrer to the complaint, plaintiffs appeal. Reversed. This action is for the specific performance of a written instrument, which is set out in the complaint, and is as follows: “Trenton Falls, June 3, 1891. “This agreement, made this 3rd June, 1891, between Maria Moore, Trenton Falls, N. Y., Oneida county, parties of the first part, and Hawley Pettibone, Hartford, Ct., and J. W. Jenkins, of Vernon, Oneida county, N. Y., of…
1Opinion of the CourtMerwin, J.
The agreement in question was not under seal, ■and it is not alleged that possession was taken under it. The claim •of the defendant is that the instrument was simply an option for a .lease, and void, because given without consideration. The plaintiffs claim that the instrument should be construed to be a lease for ¡six months, with the privilege of a renewal for 99 years. It is conceded that, if such is the construction, there would be a sufficient consideration to support the promise to renew.- It was held, at •special term, that the instrument was simply an option for a lease, .and void,…
2Cases cited5 opinions
- Chicago & Great Eastern Railway Co. v. DaneNew York Court of Appeals · 1870
- Mactier's Administrators v. FrithCourt for the Trial of Impeachments and Correction of Errors · 1830
- Milliken v. Western Union Telegraph Co.New York Court of Appeals · 1888
- White v. . CorliesNew York Court of Appeals · 1871
- Mason v. . DeckerNew York Court of Appeals · 1878
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- Allegheny College v. National Chautauqua County Bank of JamestownNew York Court of Appeals · 1927
- Finsilver, Still & Moss, Inc. v. Goldberg, Maas & Co.New York Court of Appeals · 1930
- Levin v. . DietzNew York Court of Appeals · 1909
- Tymon v. LinokiNew York Court of Appeals · 1965
- Jones v. BarnesAppellate Division of the Supreme Court of the State of New York · 1905
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