Kittel v. Stueve
New York Court of Common Pleas
Appeal from equity term. ■1 Action by Joseph J. Kittel against Henry Stueve to compel defendant to accept the fee of the premises described in the complaint, and to pay for the same. The premises in question were among several lots of land sold by auction at Mt. Vernon on June 25, 1892, and defendant bid in at the sale the premises in question. There was a judgment in favor of plaintiff, and defendant appeals.
1Opinion of the Court
DALY, 0. J.
The defendant objects that the sale of the lots to him at auction was void, because there was no contract, note, or memorandum in writing subscribed by the vendor or his authorized agent. 2 Rev. St. p. 135, § 8. Immediately after the auction sale, the defendant signed the following memorandum, which was attached to the printed terms of sale:
“Memorandum of Sale.
“I, Henry Stueve, have this 25th day of June, 1892, purchased the premises, lots No. 20, 21, 24, 25, 27, 28, 29, 30, 31, 34, 36, 37, 38, 39, 40, 41, 42, 43, 44, and 45, described in the annexed map of sale, for the sum of…
2Cases cited6 opinions
- Mentz v. . NewwitterNew York Court of Appeals · 1890
- Mott v. . OppenheimerNew York Court of Appeals · 1892
- Webster v. ZiellyNew York Supreme Court · 1866
- Earl v. CampbellThe Superior Court of New York City · 1857
- Marston v. FrenchNew York Court of Common Pleas · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Corn v. BergmannAppellate Division of the Supreme Court of the State of New York · 1910
- Boehly v. MansingNew York Supreme Court · 1907