Jacocks v. Morrison
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Emily H. 0. Jacocks, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 15th day of December, 1911, upon the decision of the court rendered after a trial at the New York Special Term sustaining the defendant’s demurrer to the complaint.
1Opinion of the Court
Miller, J.:
The action is upon a contract entered into between the defendant and the plaintiff’s assignor whereby in payment for certain stocks, bonds and choses in action transferred to him and in settlement of certain disputes, the former agreed to pay the latter the sum of $3,000 in cash, and to procure a conveyance of fifteen acres of land, to be selected by the latter out of a larger tract owned by a third party, a corporation, and whereby the defendant agreed in default in procuring such conveyance to pay the plaintiff’s assignor the sum of $3,500 in lieu thereof. It is alleged that the…
2Cases cited2 opinions
- Pope v. Terre Haute Car & Manufacturing Co.New York Court of Appeals · 1887
- Osborne v. LawrenceNew York Supreme Court · 1832