Brown v. Jones
New York Supreme Court
THIS action was brought to compel a specific performance of a parol contract for the sale of twenty-five acres of land in Milo, Tates county. The action was commenced in February, 1864, in the name of Moms Brown, jun. as plaintiff.
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THIS action was brought to compel a specific performance of a parol contract for the sale of twenty-five acres of land in Milo, Tates county. The action was commenced in February, 1864, in the name of Moms Brown, jun. as plaintiff. The action was tried before the court at a circuit court held in Tates county on the 5th day of April, 1864. After the trial, and before the decision, the plaintiff died intestate, leaving Morris Brown, the present plaintiff, his father and heir at law, him surviving, After the death of Morris Brown, jun. letters of administration were granted to the present.…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
Upon the essential facts of the case, there is very little disagreement between the parties in this action. The complaint states that Morris *406Brown, senior, being in possession of the twenty-five acres of land in question, and desirous of purchasing the same, and not being in a condition to do so himself, at the time, applied to the defendant and requested him to enter into an agreement with Byers, the owner of the land, for the purchase thereof, for the use and benefit of him, the said Brown, which the defendant agreed to do, and subsequently did, and took a…
2Cases cited2 opinions
- Russell v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Guy v. . MeadNew York Court of Appeals · 1860
3Cited by12 opinions
- People v. . McLaughlinNew York Court of Appeals · 1896
- National Ulster County Bank v. MaddenNew York Court of Appeals · 1889
- Edwards v. FrySupreme Court of Kansas · 1872
- Mather v. ScolesIndiana Supreme Court · 1870
- Emmel v. HayesSupreme Court of Missouri · 1890
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