Wiswall & Price v. McGown
New York Supreme Court
In Equity. This was an appeal, by the plaintiffs, and by the defendant McGown, from separate parts of a decree of the late assistant vice chancellor of the first circuit, made on the 31st of December, 1840. The bill was filed against Andrew McGown, then the sole defendant. On the coming in of his answer, the bill was amended, making Edward Sand ford a party defendant.
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In Equity. This was an appeal, by the plaintiffs, and by the defendant McGown, from separate parts of a decree of the late assistant vice chancellor of the first circuit, made on the 31st of December, 1840. The bill was filed against Andrew McGown, then the sole defendant. On the coming in of his answer, the bill was amended, making Edward Sand ford a party defendant. After filing Sandford’s answer, the bill was further amended, so as to make Harris, Hall, Graham and Hallett defendants. The defendants all appeared and put in their answers. The cause was heard upon pleadings and proofs. The…
1Opinion of the Court
By the Court, Strong, P. J.
The paper first subscribed by the plaintiffs and the defendant McGown Was intended as a minute or memorandum of a contract to be drawn and executed at a future period. It was however subsequently treated by the parties to it as a contract, and must now be considered as such. It contained an imperfect description of the land, had no date, and did not specify the time when the agreement was to be performed. It is Competent, however, for the parties to a contract to go into parol evidence more clearly to define its subject matter, provided such evidence is merely…
2Cited by19 opinions
- Hammond v. . PennockNew York Court of Appeals · 1874
- Milkman v. OrdwayMassachusetts Supreme Judicial Court · 1870
- Beal v. ChaseMichigan Supreme Court · 1875
- Wimer v. WagnerSupreme Court of Missouri · 1929
- Carpenter & Carpenter, Inc. v. KinghamWyoming Supreme Court · 1941
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