Ritchie v. Bennett
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Action by Arckanna Ritchie against Elizabeth M. Bennett, as administratrix of the estate of Charles H. Cleveland, deceased. There-was a judgment for defendant, and plaintiff appeals.
Read the full summary
Appeal from special term. Action by Arckanna Ritchie against Elizabeth M. Bennett, as administratrix of the estate of Charles H. Cleveland, deceased. There-was a judgment for defendant, and plaintiff appeals. The plaintiff, in the month of March, 1895, made a verbal contract with Charles H. Cleveland, deceased, by which the former agreed to receive the latter in her house at Lansingburgh, N. Y., and furnish him board during the balance of his life, the deceased agreeing- to pay therefor by a conveyance of his house and lot in Bath, N. Y., valued at about the sum of $1,800. He-agreed to make…
1Opinion of the CourtPutnam, J.
It has been held that where one performs services- or advances money or other consideration on the faith of a parol contract of another to convey real estate, the value of such services or-amount of such consideration cannot be recovered as under an implied contract, unless the party agreeing to convey the land has refused or put it out of his power to do so. Campbell v. Campbell, 65 Barb. 639; Abbott v. Draper, 4 Denio, 51; Day v. Railroad Co., 51 N. Y. 583, 590; Galvin v. Prentice, 45 N. Y. 162-165. It was shown that the plaintiff had fully performed the contract entered into-between her…
2Cases cited9 opinions
- Robinson v. . RaynorNew York Court of Appeals · 1863
- Abbott v. DraperNew York Supreme Court · 1847
- Stoddard v. . WhitingNew York Court of Appeals · 1871
- Fuller v. HubbardNew York Supreme Court · 1826
- Galvin v. . PrenticeNew York Court of Appeals · 1871
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Lane v. CalbyAppellate Division of the Supreme Court of the State of New York · 1904