Richmond v. Foote
New York Supreme Court
This is an appeal from a judgment of Special Term before Justice Pottee, adjudging the specific performance by the defendant of a contract for the sale of certain lands in Moriah, Essex county, made by John 0. Hammond, under whom the defendant claims, as vendor, to Albert Hubbard, under whom the plaintiffs claim, as vendees.
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This is an appeal from a judgment of Special Term before Justice Pottee, adjudging the specific performance by the defendant of a contract for the sale of certain lands in Moriah, Essex county, made by John 0. Hammond, under whom the defendant claims, as vendor, to Albert Hubbard, under whom the plaintiffs claim, as vendees. In the year 1856, John 0. Hammond was the owner of the premises in question, the defendant being in the actual occupancy and management of the same for Hammond, and being beneficially interested in the same. In that year Albert Hubbard made an oral agreement with Hammond,…
1Opinion of the CourtMiller, P. J.
This action is brought to compel the spe cific performance of an alleged contract for the sale of a small tract of land situated in the county of Essex in this State; and the question to be determined is, whether a lawful agreement was made and carried into effect, in part, between John 0. Hammond, the original owner of the premises, as vendor, and Albert Hubbard, deceased, under whom the plaintiff claims. It is contended that the contract was within the statute of frauds, and therefore void. It was not in writing, as required by the statute (2 R. S., 135, § 8); and, being a paroi agreement,…
2Cases cited7 opinions
- Phillips v. ThompsonNew York Court of Chancery · 1814
- Parkhurst v. Van CortlandCourt for the Trial of Impeachments and Correction of Errors · 1816
- Sibley v. . WaffleNew York Court of Appeals · 1857
- Harris v. TroupNew York Court of Chancery · 1840
- Ackley v. DygertNew York Supreme Court · 1860
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3Cited by3 opinions
- French v. RowNew York Supreme Court · 1894
- In re Faulkner's EstateNew York Supreme Court · 1890
- French v. RowNew York Supreme Court · 1894