Pomeroy v. Newell
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Eugene G. Pomeroy,, from a. judgment of the Supreme Court in favor of the defendants, entered in tire office of tlie cleric of the county of Queens on the 16th day of March, 1906, upon the .decision of tlie court,. rendered after a trial at the Queens County Special Term, dismissing the complaint upon the merits. .
1Opinion of the Court
Jenks, J.:
This is an appeal from a judgment dismissing the complaint in an action for specific performance. In consideration of this dispose tion we must remember that such relief is “ largely in the discretion of the equity courts ” (Dunckel v. Dunckel, 141 N. Y. 434), and that in Stokes v. Stokes (148 id. 716) the following rule was quoted and approved : “ A contract must possess certain elements in order that a court of equity may exercise jurisdiction to compel its performance. ‘ It must be upon a valuable consideration. It must be reasonably certain as to its subject-matter, its…
2Cases cited9 opinions
- Ide v. LeiserMontana Supreme Court · 1890
- Chicago & Great Eastern Railway Co. v. DaneNew York Court of Appeals · 1870
- Black v. MaddoxSupreme Court of Georgia · 1898
- Slocovich v. Orient Mutual InsuranceNew York Court of Appeals · 1888
- White v. . CorliesNew York Court of Appeals · 1871
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3Cited by7 opinions
- Peets v. Manhasset Civil Engineers, Inc.New York Supreme Court · 1946
- Ganss v. J. M. Guffey Petroleum Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Kaufman v. BartelsAppellate Terms of the Supreme Court of New York · 1944
- Brinley v. NevinsAppellate Division of the Supreme Court of the State of New York · 1914
- White v. North German Lloyd Steamship Co.Appellate Terms of the Supreme Court of New York · 1908
2 more not listed; retrieve them via the Exa API.