Beardsley v. . Duntley
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court at special term. ■* This action was brought to obtain specific performance of an alleged oral agreement for the sale by plaintiff'to defendant of a piece of land, the complaint alleging in substance that the land in question was contracted to be sold with various other parcels, and that plaintiff was…
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court at special term. ■* This action was brought to obtain specific performance of an alleged oral agreement for the sale by plaintiff'to defendant of a piece of land, the complaint alleging in substance that the land in question was contracted to be sold with various other parcels, and that plaintiff was induced to accept a deed of the other parcels, under and by means of fraudulent representations of defendant that it…
1Opinion of the CourtMiller, J.
The judge at the trial submitted to the jury certain questions of fact, upon which they found in favor of the plaintiff, and we think there is no sufficient ground for claiming that these findings are not sustained by the testimony. The evidence tended to establish that the husband of the plaintiff acted as her agent in making the contract; but the contract being under seal and executed by him in his own name could not be enforced as the contract of another not mentioned in or a party to the instrument, or proof that he had oral authority from such other to enter into the contract, and acted…
2Cases cited6 opinions
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- Lobdell v. . LobdellNew York Court of Appeals · 1867
- Welles v. . YatesNew York Court of Appeals · 1871
- Wiswall v. HallNew York Court of Chancery · 1831
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Judd v. WalkerSupreme Court of Missouri · 1908
- Sprague v. . CochranNew York Court of Appeals · 1894
- Judd v. WalkerMissouri Court of Appeals · 1905
- Crowley v. LewisNew York Court of Appeals · 1925
- State v. HaskinsWest Virginia Supreme Court · 1923
21 more not listed; retrieve them via the Exa API.