Potts v. Whitehead

The opinion of the court was delivered by

Woodhull, J.

The appellant seeks to enforce the specific performance of an alleged agreement in writing for the sale of land. To show the agreement, two separate writings are relied on : the first, an oiler to sell, dated December 7th, 1865, to be accepted within thirty days from the date, signed by the respondent; and the other, a letter dated January 3d, 1866, written by the appellant, accepting, as he alleges, the offer of December 7th.

The principal questions discussed before us were: 1. Whether the letter of January 3d amounted to a legal acceptance…