Legal Opinion

Williston v. Williston

New York Supreme Court

Decided June 28, 1864PublishedCited by 6 opinions

APPEAL from a judgment of the Lewis county court. The action was brought to enforce the specific performance of a contract for the sale of real estate, made by George Williston, the ancestor of the defendants.

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APPEAL from a judgment of the Lewis county court. The action was brought to enforce the specific performance of a contract for the sale of real estate, made by George Williston, the ancestor of the defendants. The county judge found the following facts and conclusions of law, to wit: 1. That in the fall of the year 1837, the plaintiff, Charles Williston, resided with his family at Oswego, in the county of Oswego, and George Williston his brother resided at Turin in the county of Lewis, and was then unmarried, and owned and occupied a large farm in said town of Turin, including the premises…

1Opinion of the Court

By the Court, Bacon, J.

I am. by no means prepared to say that I should assent to all the conclusions stated by the county judge of Lewis in his findings of fact, in this case. But there is enough in the evidence, if credited, to warrant the judgment for specific performance. From the testimony it is made to appear that in the year 1837 the plaintiff, who was then a resident in Oswego county, was induced to remove to Turin, in Lewis county, upon the invitation of his brother George Williston, to reside with him; that after remaining together some time, the plaintiff working for the said…

2Cases cited2 opinions

  1. Doubleday v. . Heath and OthersNew York Court of Appeals · 1857
  2. Swartwout v. BurrNew York Supreme Court · 1847

3Cited by6 opinions

  1. Morrill v. CooperNew York Supreme Court · 1873
  2. Ewins v. GordonSupreme Court of New Hampshire · 1870
  3. Brague v. LordNew York Court of Appeals · 1876
  4. Bright v. JamesSupreme Court of Rhode Island · 1913
  5. Schroder v. WanzorNew York Supreme Court · 1885

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