Peters v. . Delaplaine
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of defendants entered upon the decision of the court upon trial without a jury. The action was to enforce specific performance of a contract for the sale of land in the city of Hew York. It was brought by the vendee’s representatives against the vendor’s representatives.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of defendants entered upon the decision of the court upon trial without a jury. The action was to enforce specific performance of a contract for the sale of land in the city of Hew York. It was brought by the vendee’s representatives against the vendor’s representatives. The contract was dated March 1, 1852. It provided for complete performance on both sides at the office of John F. Delaplaine, the vendor, on May 1, 1852, between the hours of ten a. at. and three p. m.…
1Opinion of the Court
Church, Ch. J.
If the statute of limitations does not constitute an absolute bar to the action, no court would ever decree a specific performance of the contract at this late day, and under the circumstances of the case. The action was commenced seventeen years after the making of the agreement and the refusal of the vendor to perform the same. In the mean time both of the original contracting parties had died, the one eleven and the other fifteen years before bringing the action.
The property has increased in value from thirty thousand to three hundred thousand dollars, and during all the time…
2Cases cited5 opinions
- Morss v. ElmendorfNew York Court of Chancery · 1844
- King and Others v. Hamilton and OthersSupreme Court of the United States · 1830
- Bruce v. . TilsonNew York Court of Appeals · 1862
- Harsha v. . ReidNew York Court of Appeals · 1871
- Leaird v. . SmithNew York Court of Appeals · 1871
3Cited by49 opinions
- Trustees of Columbia College v. . ThacherNew York Court of Appeals · 1881
- Woolley v. . StewartNew York Court of Appeals · 1918
- Hurd v. AlbertCalifornia Supreme Court · 1931
- Cooley v. . LobdellNew York Court of Appeals · 1897
- Downs v. KroegerCalifornia Supreme Court · 1927
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