Mills v. Mills
New York Supreme Court
THIS action was brought to enforce the specific performance of a contract for the conveyance of thirty-four city lots of land in Brooklyn. The agreement recited that the plaintiff had been licensed by the city of Williamsburgh to lay a rail track for the running of cars on Division avenue, and that a bill was pending before the legislature to authorize the defendant Mills to lay a like track on the same avenue.
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THIS action was brought to enforce the specific performance of a contract for the conveyance of thirty-four city lots of land in Brooklyn. The agreement recited that the plaintiff had been licensed by the city of Williamsburgh to lay a rail track for the running of cars on Division avenue, and that a bill was pending before the legislature to authorize the defendant Mills to lay a like track on the same avenue. It then stipulated that, in consideration of the agreement of the defendant Mills to discontinue a slander suit he was prosecuting against the plaintiff, and convey the land in…
1Opinion of the Court
By the Court,
Brown, J.
By the agreement of the 8th June, 1853, referred to in the pleadings in this action, 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 Hew York, with the amendments, or some similar bill, to which I shall presently refer, should become a law.…
2Cited by8 opinions
- Lyon v. . MitchellNew York Court of Appeals · 1867
- Boardman v. ThompsonSupreme Court of Iowa · 1868
- Reuter v. BallardMassachusetts Supreme Judicial Court · 1929
- Russell v. BurtonNew York Supreme Court · 1867
- Houlton v. DunnSupreme Court of Minnesota · 1895
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