Milholland v. Payne
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John E. Milholland, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Essex on the 17th day of October, 1912, upon the decision of the court after a trial at the Essex Special Term.
1Opinion of the Court
Smith, P. J.:
The action is brought in equity to compel the defendant to deed to the plaintiff certain land theretofore purchased by the defendant on the ground that the defendant had agreed to purchase the same for the plaintiff, and upon the promise of the defendant to make such conveyance to plaintiff. The case was tried before the court without a jury. The court refused to make findings of fact, but dismissed the complaint on two grounds; one, that the contract under which plaintiff claimed was void by the Statute of Frauds, and the other that it was without consideration.
I cannot agree…
2Cases cited2 opinions
- Crane v. . PowellNew York Court of Appeals · 1893
- Wheeler v. . ReynoldsNew York Court of Appeals · 1876
3Cited by1 opinion
- Milholland v. PayneAppellate Division of the Supreme Court of the State of New York · 1915