Nolan v. Harned
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Obadiah Earned, from a judgment of the Supreme Court in favor .of the plaintiff, entered in the office of the clerk of the county of Kings' on the 12th day of December, 1896, upon the decision of the court rendered after a trial at the. Kings County Special Term.
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Appeal by the defendant, Obadiah Earned, from a judgment of the Supreme Court in favor .of the plaintiff, entered in the office of the clerk of the county of Kings' on the 12th day of December, 1896, upon the decision of the court rendered after a trial at the. Kings County Special Term. This action was brought to have adjudged to be canceled an agreement by which the sum of $500 was retained by a contract vendee as a fund with which might be purchased a piece of land upon which a house contracted to be sold by the plaintiff to' the defendant Obadiah Earned was claimed to encroach beyond ,…
1Opinion of the Court
Cullen, J.:
On the 29th day of April, 1895, the plaintiff was the owner of two houses and lots in the city of Brooklyn, known as 755 and 757 *156Dean street. On that day she and her husband entered into an agreement witli the appellant, whereby the plaintiff was to convey said houses and lots and another house and lot to the appellant, who was to pay for them by conveying to the plaintiff a farm at Huntington, and was to loan to her upon the farm the sum of $5,000. The détails of this contract are immaterial. The only description in the contract of the property on Dean street is “ the , two houses…
2Cases cited1 opinion
- Baldwin v. . BrownNew York Court of Appeals · 1857
3Cited by2 opinions
- Sinderbrand v. SchusterNew Jersey Superior Court Appellate Division · 1979
- Bargen v. GinsbergNew York Supreme Court · 1926