Legal Opinion

Cleveland v. Burrill

New York Supreme Court

Decided November 2, 1857PublishedCited by 9 opinions

HIS was an action for the specific performance of a contract made in the state of New Jersey, for the purchase, by the defendant, of lands lying there, the defendant being a resident of that state, and the plaintiff a non-resident of this state. The cause was tried before the court without a jury.

1Opinion of the CourtBirdseye, J.

This is an action by the vendor of lands, against the vendee, to compel a specific performance by the defendant of his contract of purchase. The lands are situate in New Jersey; the contract was made there, and was to have been performed there. The plaintiff resided in that state when the contract was entered into; and is still a non-resident of this state.

It is strongly insisted, for the defendant, that this court cannot compel the defendant specifically to perform such a contract, and that no precedent can be found where a specific performance has been decreed under such circumstances. It…

2Cases cited5 opinions

  1. Massie v. WattsSupreme Court of the United States · 1810
  2. Mead v. Merritt & PeckNew York Court of Chancery · 1831
  3. More v. SmedburghNew York Court of Chancery · 1841
  4. Harrington v. HigginsNew York Supreme Court · 1837
  5. Viele v. Troy & Boston Rail RoadNew York Supreme Court · 1855

3Cited by9 opinions

  1. Loaiza v. Superior CourtCalifornia Supreme Court · 1890
  2. Sievers v. BrownOregon Supreme Court · 1899
  3. Gartrell v. StaffordNebraska Supreme Court · 1882
  4. Atchison, Topeka & Santa Fe Railroad v. Chicago & Western Indiana RailroadIllinois Supreme Court · 1896
  5. Rourke v. McLaughlinCalifornia Supreme Court · 1869

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