Booth v. Milliken
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William A. Milliken, from a judgment of the Supreme Court in favor of the plaintiff, entered in the. office of the clerk of the county of blew York ,on. the 4th day of October, 1907, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 30th day of September, 1907, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Scott, J.:
The plaintiff, as assignee of one Thomas C. Doremus, sues for damages for the non-fulfillment by defendant of what is alleged to be a contract by him to purchase a tract of land' in Tennessee. The alleged contract is in writing, and bears date October 30, 1902. It reads as follows:
“This memorandum of an agreement this day entered into between Thomas C. Doremus and William A. Milliken, witnesseth : The said Thomas C. Doremus agrees to sell and convey, by deed in fee with general warranty to William A. Milliken seventy thousand (70,000) acres of land situate, lying and being in the…
2Cases cited9 opinions
- Kelly v. . Security Mutual Life Ins. Co.New York Court of Appeals · 1906
- Cooley v. . LobdellNew York Court of Appeals · 1897
- Eddy v. . DavisNew York Court of Appeals · 1889
- Wright v. . WeeksNew York Court of Appeals · 1862
- Justice v. . LangNew York Court of Appeals · 1873
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3Cited by13 opinions
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- Dittenfass v. HorsleyAppellate Division of the Supreme Court of the State of New York · 1917
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