Chandler v. Hamell
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Herbert G. Chandler, from a judgment ■of the County Court of St. Lawrence county in favor of the defendant, entered in the office of the clerk of the county of St. Lawrence •on the 4th day of April, 1900, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 26th day of March, 1900, denying the plaintiff’s motion for a new trial made upon the minutes.
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Appeal by the plaintiff, Herbert G. Chandler, from a judgment ■of the County Court of St. Lawrence county in favor of the defendant, entered in the office of the clerk of the county of St. Lawrence •on the 4th day of April, 1900, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 26th day of March, 1900, denying the plaintiff’s motion for a new trial made upon the minutes. One Charles Wood, in 1894, made with defendant, Matilda Hamell, an executory contract for the purchase of a vacant village lot in Ogdensburg. Under the contract the purchaser went into…
1Opinion of the Court
Kellogg, J.:
If the facts stated show that the buildings at the time of the alleged conversion were personal property the plaintiff may have a- cause of action. If not, then he has no cause of action. The ■ above statement of facts is as favorable to plaintiff as the proof or the offer of proof at the trial admits of, and presents the single question as to whether a vendee in possession under an executory contract of sale can by consent or license create, a right in a third person to erect upon the lands of the vendor by contract, and remove at will buildings of this character, when neither…
2Cases cited3 opinions
- Tifft v. . HortonNew York Court of Appeals · 1873
- McFadden v. . AllenNew York Court of Appeals · 1892
- King v. WilcombNew York Supreme Court · 1849
3Cited by1 opinion
- Andrews v. PowersAppellate Division of the Supreme Court of the State of New York · 1901