Levy v. . Brush
New York Court of Appeals
Appeal from the judgment of the General Term of the Superior Court of the city of Hew York, affirming the judgment'of the Special Term in favor of plaintiff. On March 10th, 1868, at the Exchange Sales Rooms, in the city of Hew York, three lots of land on the south-easterly corner of Fifty-ninth street and Seventh avenue were struck off to the defendant, as the highest bidder; but it does not appear that the bid was made effectual by the signing of a contract.
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Appeal from the judgment of the General Term of the Superior Court of the city of Hew York, affirming the judgment'of the Special Term in favor of plaintiff. On March 10th, 1868, at the Exchange Sales Rooms, in the city of Hew York, three lots of land on the south-easterly corner of Fifty-ninth street and Seventh avenue were struck off to the defendant, as the highest bidder; but it does not appear that the bid was made effectual by the signing of a contract. On March 18th, the plaintiff commenced this action, alleging that it was agreed at the auction sale, on March 10th, that the plaintiff…
1Opinion of the CourtGboveb, J.
The appellant’s counsel insists that the case fails to show that any contract in writing for the sale of the lots in question to the defendant, pursuant to his bid, was made and signed by the vendor and delivered to the defendant, so as to give the latter any valid claim to a conveyance of the land, under the' statute of frauds, upon the performance of such contract, and that for this reason the plaintiff failed to show any cause of action against the defendant. If the counsel’s premises are correct, his conclusion would necessarily be so, as it is clear the plaintiff would have no remedy…
2Cited by59 opinions
- Brison v. BrisonCalifornia Supreme Court · 1888
- Wood v. . RabeNew York Court of Appeals · 1884
- Woolley v. . StewartNew York Court of Appeals · 1918
- Howland v. BlakeSupreme Court of the United States · 1878
- Wheeler v. . ReynoldsNew York Court of Appeals · 1876
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