Mills v. . Mills
New York Court of Appeals
This was an action to compel the specific performance of an agreement to convey certain real estate in the city of Brooklyn. By an agreement of the 8th June, 1853, the defendant, David S. Mills, covenanted to convey to the plaintiff, by deed, with full covenants, certain lots of land, thirty-four in number, situate upon Myrtle avenue and Witherspoon street, in the city of Brooklyn.
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This was an action to compel the specific performance of an agreement to convey certain real estate in the city of Brooklyn. By an agreement of the 8th June, 1853, the defendant, David S. Mills, covenanted to convey to the plaintiff, by deed, with full covenants, certain lots of land, thirty-four in number, situate upon Myrtle avenue and Witherspoon street, in the city of Brooklyn. The deed of conveyance was to be executed by himself and wife, and delivered when the bill which, before that time, had been introduced into the senate of the State of New York, with the amendments, or a similar…
1Opinion of the Court
Hunt, Oh. J.
The question of the effect of agreements of this character has been recently considered in this court. (Lyon v. Mitchell, 36 N. Y. R., 235.) See also the dissenting opinion of Judge Gboveb, at page 682. The agreement in question is founded upon an undertaking on the part of the plaintiff, reciting that a bill was pending in the senate, which granted unto the plaintiff a certain railroad franchise in the city of Brooklyn, and promising “to give all the aid in hip, power, spend such reasonable time as may be necessary, and generally to use his utmost influence and exertions to…
2Cases cited2 opinions
- Sedgwick v. . StantonNew York Court of Appeals · 1856
- Clippinger v. HepbaughSupreme Court of Pennsylvania · 1843
3Cited by37 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Hazelton v. SheckellsSupreme Court of the United States · 1906
- Milbank v. . JonesNew York Court of Appeals · 1891
- Veazey v. . AllenNew York Court of Appeals · 1903
- Elkhart County Lodge v. CraryIndiana Supreme Court · 1884
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