Turner v. Walker
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Thomas S. Walker, from an order of the Supreme Court, made at the Montgoméry Special Term and entered in the office of the clerk of the county of Franklin on the 8th day of July, 1901, denying the defendant’s motion to change the place of trial of the action from the county of Franklin to the county of Hamilton.
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Appeal by the defendant, Thomas S. Walker, from an order of the Supreme Court, made at the Montgoméry Special Term and entered in the office of the clerk of the county of Franklin on the 8th day of July, 1901, denying the defendant’s motion to change the place of trial of the action from the county of Franklin to the county of Hamilton. The complaint avers that a written contract for the sale and purchase of land in Hamilton county, describing it, was entered into between the parties at the agreed price of ten dollars ($10) per acre, the total amount of the purchase to be ascertained by a…
1Opinion of the Court
Fursman, J.:
Section 982 of the Code of Civil Procedure provides that certain actions “must be tried in the county in which the subject of the action, or some part thereof, is situated.” Enumerated among these are actions “to procure a judgment establishing, determining, defining, forfeiting, annulling, or otherwise affecting an estate, right, title, lien, or other interest in real property.” The scope and object of this action is to compel the defendant to accept a deed of land and to pay the alleged agreed price therefor. It is not an action for damages for a breach of contract, but to…
2Cited by1 opinion
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