DeBeerski v. Paige
New York Supreme Court
APPEAL from an order made at a special term, sustaining a demurrer to the plaintiff’s complaint. The complaint alleged, that the on the 4th of March, 1865, the defendant entered into an agreement in writing with the plaintiff, as follows: “ Troy, March 4, ’65. In consideration of the sum of one dollar to me paid, I hereby agree to meet the Count John DeBeerski, on or about the 20 th of April, at his residence, Eanuet, Hew York, there to examine his property, consisting of…
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APPEAL from an order made at a special term, sustaining a demurrer to the plaintiff’s complaint. The complaint alleged, that the on the 4th of March, 1865, the defendant entered into an agreement in writing with the plaintiff, as follows: “ Troy, March 4, ’65. In consideration of the sum of one dollar to me paid, I hereby agree to meet the Count John DeBeerski, on or about the 20 th of April, at his residence, Eanuet, Hew York, there to examine his property, consisting of twenty-six acres of land, buildings, stock, etc. etc. and if satisfied with its location and advantages, will purchase the…
1Opinion of the CourtMiller, J.
It is evident that the contract upon which the plaintiff relies to sustain a recoveiy, in this action, so far *175as it relates to the sale of the lands, is void and of no effect, because it is not signed by the party by whom the sale was made, in accordance with the statute. (2 R. S. 135, § 8. Worrall v. Munn, 1 Seld. 229. Newton v. Bronson, 13 N. Y. Rep. 587. Tollman v. Franklin, 14 id. 584. Reynolds v. Dunkirk and State Line Railroad Co., 17 Barb. 613.)
Is it valid in reference to the other provisions, relating to the. painting of the portraits and the board of the defendant and his family ? I…
2Cases cited4 opinions
- Newton v. . BronsonNew York Court of Appeals · 1856
- Darling v. Rogers & SagoryCourt for the Trial of Impeachments and Correction of Errors · 1839
- Thayer v. RockNew York Supreme Court · 1834
- Reynolds v. Dunkirk & State Line RailroadNew York Supreme Court · 1854
3Cited by1 opinion
- Jamestown Business College Assn. v. . AllenNew York Court of Appeals · 1902