Brinkerhoff v. Olp
New York Supreme Court
APPEAL from a judgment entered on the report of a referee. The complaint was in the words following: “James Brinkerhoff, the plaintiff in this action, complains of Henry W. Olp, executor of the last will and testament of Barnahas Olp, deceased, as follows: that on the 19th day of November, 1855, the said plaintiff was the owner and in the possession and occupancy of a farm situate in the towns of Mt.
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APPEAL from a judgment entered on the report of a referee. The complaint was in the words following: “James Brinkerhoff, the plaintiff in this action, complains of Henry W. Olp, executor of the last will and testament of Barnahas Olp, deceased, as follows: that on the 19th day of November, 1855, the said plaintiff was the owner and in the possession and occupancy of a farm situate in the towns of Mt. Morris and Portage, county of Livingston, state of New Y ork, and on the road known as the picket line, containing about sixty-four and HHi acres of land, being the east part of lot number one…
1Opinion of the Court
By the Court, Welles, J.
The objection now made that the contract was improperly admitted in evidence, is unfounded. By the contract the defendant’s testator agreed to pay the plaintiff $75 per acre for his farm. The whole *33amount of the purchase money is afterwards mentioned in the contract as $4846.87, $2000 of which was to be paid on the first day of April, 1856, upon which the plaintiff was to give a conveyance, and the defendant’s testator was to give his bond and mortgage on the farm to secure the balance of the purchase money, payable at the times mentioned in the contract. The objection…
2Cases cited2 opinions
- Ryerss v. WheelerNew York Supreme Court · 1839
- Mundy v. CulverNew York Supreme Court · 1854
3Cited by3 opinions
- Havens v. . PattersonNew York Court of Appeals · 1870
- Kemp v. Knickerbocker Ice Co.New York Court of Common Pleas · 1876
- Rourk v. MurphyNew York Supreme Court · 1883