Haydock v. . Stow
New York Court of Appeals
Appeal from an order of the General Term of the third district, reversing judgment for the plaintiff and ordering a new trial. The action was brought to compel the specific performance by the defendant of a contract alleged to have been made by him for the conveyance of his farm, situated in the city of Troy and town of Forth Greenbush, to the plaintiff.
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Appeal from an order of the General Term of the third district, reversing judgment for the plaintiff and ordering a new trial. The action was brought to compel the specific performance by the defendant of a contract alleged to have been made by him for the conveyance of his farm, situated in the city of Troy and town of Forth Greenbush, to the plaintiff. The following facts appeared upon the trial: The farm in question is owned by the defendant, who, with his wife, had resided on it, at the time of the trial, for twelve years. On. the 18th day of February, A. D. 1864, the defendant, at the…
1Opinion of the Court
Hunt, Oh. J.
A determination of the character of the instrument signed by the defendant, dated February 18, 1864, will go far to determine this controversy. It is conceded that this determination is to be made upon the instrument itself. It is plain, distinct, free from ambiguity in its terms; and its meaning and character, as a legal question, are to be decided upon the face of the document itself. It is variously styled an agreement to sell, an offer or proposition of sale, and a power of attorney.
It is not an agreement to sell, for the reason that there are not two parties to it. An…
2Cases cited9 opinions
- Torrey v. Bank of OrleansNew York Court of Chancery · 1842
- Moses v. . BierlingNew York Court of Appeals · 1865
- Newton v. . BronsonNew York Court of Appeals · 1856
- Davis v. ShieldsNew York Supreme Court · 1841
- Vassar v. . CampNew York Court of Appeals · 1854
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3Cited by35 opinions
- Ellsworth Dobbs, Inc. v. JohnsonSupreme Court of New Jersey · 1967
- Ormsby v. GrahamSupreme Court of Iowa · 1904
- Carstens v. McReavyWashington Supreme Court · 1890
- Bacon v. DavisCalifornia Court of Appeal · 1908
- Jackson v. BadgerSupreme Court of Minnesota · 1886
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