Whittemore v. . Farrington
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, reversing a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term, and directing a new trial.
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Appeal from order of the General Term of the Supreme Court, in the third judicial department, reversing a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term, and directing a new trial. (Reported below, 12 Hun, 349.) This action was brought to set aside and rescind an" alleged agreement between the parties for an exchange of lands, and for a reconveyance of the lands deeded under said agreement, or that defendant be required to remove incumbrances on the lands deeded by him under said agreement The facts appear sufficiently in the opinion. Plaintiff…
1Opinion of the CourtRapallo, J.
It appears from the findings that in November, 1873, the plaintiff and defendant made a verbal agree ment for an exchange of lands, under Avhich agreement the plaintiff, with the consent of the defendant, entered into .possession of the lands Avhich he, the plaintiff, was to receive, ■and made valuable improvements thereon. In December, 1873, the plaintiff performed his part of the agreement by delivering to the defendant deeds of the lands Avhich the defendant Avas to receive under the agreement. These deeds contained covenants of A\;arraiity and at the time of delivering them the plaintiff…
2Cases cited2 opinions
- Wilson v. . DeenNew York Court of Appeals · 1878
- Burwell v. . JacksonNew York Court of Appeals · 1854
3Cited by19 opinions
- Coffin v. . City of BrooklynNew York Court of Appeals · 1889
- Lambert v. KrumAppellate Terms of the Supreme Court of New York · 1923
- James v. CutlerWisconsin Supreme Court · 1882
- Tonkonogy v. SeidenbergAppellate Division of the Supreme Court of the State of New York · 1978
- London Assurance Corp. v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1897
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