Booth v. . Milliken
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 28, 1908, upon an order which reversed a judgment in favor of plaintiff’s intestate, entered upon a verdict and an order denying a motion for a new trial and directed a dismissal of the complaint in an action to recover for an alleged breach of contract to purchase certain lands.
1Opinion of the Court
Judgment affirmed, with costs, upon the ground that whether the statute of Tennessee, where the land is situated, or the statute of Hew York, where the contract was made and where the action is brought, be applicable to the case, no action is maintainable for the reason that the contract is fatally defective in failing to designate the land agreed to be sold; no opinion.
Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Vann, Werner and Hiscock, JJ.
2Cited by7 opinions
- Moss v. KingSupreme Court of Alabama · 1914
- McDaniel v. DavesSupreme Court of Virginia · 1924
- White v. Allen Kingston Motor Car Co.Appellate Terms of the Supreme Court of New York · 1910
- Silberstein v. MurdochAppellate Division of the Supreme Court of the State of New York · 1926
- McCulloch v. BauerNorth Dakota Supreme Court · 1912
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