Murdock v. . Gilchrist
New York Court of Appeals
1Opinion of the Court
The verbal contract for the sale by the defendant to the Youngs', of the farm of the former, was followed by the vendees taking possession under the contract, and paying part of the purchase-money; and the proof establishes a contract, which, although by parol, could have been enforced in an action by the vendees for a specific performance.
The rights of the parties to this action are the same as as if the preliminary contract had been in writing. It is important to bear in mind their respective obligations under that contract. The negotiation between them was for the purchase and sale of the…
Also in this document: Dissent.
2Cases cited4 opinions
- Witbeck v. . WaineNew York Court of Appeals · 1858
- Seitzinger ex rel. Drinkel v. WeaverSupreme Court of Pennsylvania · 1829
- Graves v. . DudleyNew York Court of Appeals · 1859
- American Insurance v. HuttonNew York Supreme Court · 1840
3Cited by13 opinions
- Schoonmaker v. . HoytNew York Court of Appeals · 1896
- Remington v. . PalmerNew York Court of Appeals · 1875
- Lambert v. KrumAppellate Terms of the Supreme Court of New York · 1923
- Summit Lake Associates, Inc. v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1990
- Roberts v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1921
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