Hughitt v. . Hayes
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made June 23, 1892, which ^affirmed a judgment in favor of plaintiff entered upon the report of a referee. This was an action against the receiver of the First National Bank of Auburn to obtain specific performance of a contract for a sale of certain real estate by said bank to plaintiff. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made June 23, 1892, which ^affirmed a judgment in favor of plaintiff entered upon the report of a referee. This was an action against the receiver of the First National Bank of Auburn to obtain specific performance of a contract for a sale of certain real estate by said bank to plaintiff. The facts, so far as material, are stated in the opinion. Assuming that there was a verbal contract, no reason was shown for decreeing specific performance of it. (Pom. Eq. Juris. § 1409;…
1Opinion of the CourtAndrews, J.
The findings by the referee; that an oral contract was entered into between the plaintiff and the bank in April, 1887, for the sale by the bank to the plaintiff of the premises in question for the sum of $3,150; that in June thereafter the plaintiff took possession under the contract and made large and valuable improvements upon the land with the knowledge and consent of the bank; that the bank authorized its cashier to execute a conveyance to the plaintiff pursuant to the contract; that prior to its failure the plaintiff requested the cashier to execute a conveyance, which was delayed from…
2Cases cited2 opinions
- Smith v. . FeltonNew York Court of Appeals · 1871
- Holbrook v. Receivers of the American Fire InsuranceNew York Court of Chancery · 1836
3Cited by16 opinions
- Stadler v. First National BankMontana Supreme Court · 1899
- Carnegie Trust Co. v. First National BankNew York Court of Appeals · 1915
- In Re the General Assignment of HatchNew York Court of Appeals · 1898
- Curtis v. . DavidsonNew York Court of Appeals · 1915
- Building Engineering Co. v. . Northern BankNew York Court of Appeals · 1912
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