Ferry v. . Stephens
New York Court of Appeals
Appeal from order of the General Term, of the Supreme Court, in the fourth' judicial department, reversing a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. (Reported below, 5 Hun, 109.) This action was brought to enforce the specific-performance of a contract between one Vincent Stephens and plaintiff for the sale and conveyance by the former to the latter of certain premises in the village of Homellsville, Steuben county.
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Appeal from order of the General Term, of the Supreme Court, in the fourth' judicial department, reversing a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. (Reported below, 5 Hun, 109.) This action was brought to enforce the specific-performance of a contract between one Vincent Stephens and plaintiff for the sale and conveyance by the former to the latter of certain premises in the village of Homellsville, Steuben county. By the contract, which was in writing, dated March 10, 1862, Stephens agreed to sell the premises for the sum of $1,100,…
1Opinion of the CourtAndbews, J.
The judgment of the Special Term cannot be sustained on the ground upon which it was placed, that the action is brought to enforce the specific performance of a voluntary agreement for the conveyance of land. There was no want of consideration for the promise of Yincent Stephens to convey the land. The promise of the plaintiff to pay the purchase-price was a valid consideration for the promise of the other party. The agreement was in writing, signed by both parties, and was mutually obligatory. It is quite immaterial, in the absence of fraud or'mistake, neither of which is claimed, what…
2Cases cited1 opinion
- Gray v. . BartonNew York Court of Appeals · 1873
3Cited by12 opinions
- Jaffray v. . DavisNew York Court of Appeals · 1891
- Harrison v. HarrisonWest Virginia Supreme Court · 1892
- Occidental Realty Co. v. PalmerAppellate Division of the Supreme Court of the State of New York · 1907
- Koogle v. ClineCourt of Appeals of Maryland · 1909
- Waite v. StanleySupreme Court of Vermont · 1914
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