Dunckel v. . Dunckel
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made September 13,1892, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. This action was commenced by the plaintiff to compel specific performance of an oral agreement made with her by the defendant to execute to her a life lease of certain land owned by him.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made September 13,1892, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. This action was commenced by the plaintiff to compel specific performance of an oral agreement made with her by the defendant to execute to her a life lease of certain land owned by him. The facts, as alleged in the complaint, are as follows: The plaintiff married the defendant’s son, John A. Dnnckel, in 1862. In 1866 he…
1Opinion of the CourtEarl, J.
We are concluded by the finding of the court below that the defendant made the agreement to "give the life lease alleged by the plaintiff. Whatever doubt existed as to that agreement has been cleared up by the verdict of the jury and the findings of the trial court.
One of the prerequisites to the specific performance of a parol agreement for the purchase and sale of land is that the agreement should be clearly proved and certain as to its terms. But that is a rule to be observed and enforced in the equity courts which deal with the facts. When the agreement has there been found upon…
2Cited by24 opinions
- Winne v. . WinneNew York Court of Appeals · 1901
- Cooley v. . LobdellNew York Court of Appeals · 1897
- Walter v. HoffmanNew York Court of Appeals · 1935
- Hunt v. . HuntNew York Court of Appeals · 1902
- Watkins v. BalchWashington Supreme Court · 1906
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