Squier v. Norris
New York Supreme Court
The action was brought to compel the specific performance of a written contract under seal, dated October 28th, 1867, by which Samuel Dorris, defendants’ husband, agreed to convey to the plaintiff a farm owned by the defendant. The case was referred. The referee found, among other things, that the defendant had previously given Samuel Dorris paroi authority to sell said premises.
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The action was brought to compel the specific performance of a written contract under seal, dated October 28th, 1867, by which Samuel Dorris, defendants’ husband, agreed to convey to the plaintiff a farm owned by the defendant. The case was referred. The referee found, among other things, that the defendant had previously given Samuel Dorris paroi authority to sell said premises. That said agreement was entered into and signed and sealed by the plaintiff, and the said Samuel Dorris in his individual capacity, and with the understanding by the plaintiff, that Samuel Dorris was the owner of the…
1Opinion of the Court
Present — Miller, Ingalls and Peckham, JJ.
By the Court
Miller, P. J.
Two questions arise upon this appeal: First. Whether the execution of the written agreement for the sale of the defendant’s lands by her husband, without the use of her name, obligated the defendant *284to execute a conveyance of the premises to the-, plaintiff. Second. Whether the paroi agreement of the defendant, after the written contract was 'executed to convey the property in conformity with said contract, -was a ratification of that contract, and hound her to fulfill.
- The defendant had given her husband ■ paroi authority,…
2Cases cited16 opinions
- Evans v. Wells & SpringCourt for the Trial of Impeachments and Correction of Errors · 1839
- Townsend v. CorningNew York Supreme Court · 1840
- McWhorter v. McMahanNew York Court of Chancery · 1843
- State of Missouri v. State of IowaSupreme Court of the United States · 1851
- Ford & Rockwood v. WilliamsNew York Court of Appeals · 1856
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3Cited by5 opinions
- Schaefer v. . HenkelNew York Court of Appeals · 1878
- Denike v. De GraafNew York Supreme Court · 1895
- Benham v. EmeryNew York Supreme Court · 1887
- Briggs v. PartridgeThe Superior Court of New York City · 1875
- Hensler v. SefrinNew York Supreme Court · 1880