Waring v. . Ayres
New York Court of Appeals
This action was brought to compel the defendant to convey tó the plaintiff/ two lots of ground in' 116th street, between the 8th and' 9th avenues, in the city of blew York.
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This action was brought to compel the defendant to convey tó the plaintiff/ two lots of ground in' 116th street, between the 8th and' 9th avenues, in the city of blew York. The facts, upon which the plaintiff was awarded judgment, as found by the referee to whom' the action was referred, are these On the 26th day of August, 1858, the- defendant executed and delivered to the plaintiff an agreement,' as follows : “ In consideration of Tunis S. Waring’s interest in house and lot 234 bTavy street, Brooklyn, purchased by me, I agree to deliver to said Waring, two lots owned-by me in 116th street,…
1Opinion of the CourtWoodruff, J.
The grounds upon which the reversal of this judgment is urged by the appellant are,
First. That the agreement of which the specific performance has been decreed is indefinite, uncertain and ambiguous; lacks mutuality, and appears .to have been executed upon a past consideration. Second. That it was error to receive parol evidence to identify the lots referred to therein; and Third. That the testimony showed that the defendant paid, in order to relieve the Havy street house and lot from the lien of taxes, about one hundred dollars more than he expected to pay when the agreement was' made.
1. I…
2Cases cited2 opinions
- Fish v. Hubbard's AdministratorsNew York Supreme Court · 1839
- Ryerss v. WheelerNew York Supreme Court · 1839
3Cited by33 opinions
- Sinclair v. . PurdyNew York Court of Appeals · 1923
- Watson v. BakerTexas Supreme Court · 1888
- Baldwin v. KerlinIndiana Supreme Court · 1873
- Barrett v. McAllisterWest Virginia Supreme Court · 1890
- Roehl v. HaumesserIndiana Supreme Court · 1888
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