Levin v. . Dietz
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 26, 1907, unanimously affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The action was brought by the respondents as vendees to enforce the specific performance of a contract claimed to have been made by the appellant for the sale of certain real estate.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 26, 1907, unanimously affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The action was brought by the respondents as vendees to enforce the specific performance of a contract claimed to have been made by the appellant for the sale of certain real estate. The facts relied on as constituting an enforceable contract are set forth in the findings of fact and are quite brief. It is there stated that the…
1Opinion of the CourtHiscock, J.
Respondents as vendees are seeking to compel the appellant as vendor to specifically perform a contract for the sale of real estate and he is resisting on various grounds. We deem it unnecessary to discuss more than two of the questions involved in the controversy. We shall assume simply for the purposes of this discussion that the letters signed by the appellant and set forth in the findings already quoted constituted a sufficient compliance with the requirements of the Statute of Frauds. After making this assumption, however, there remain the other questions whether there was any contract…
2Cases cited13 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Justice v. . LangNew York Court of Appeals · 1870
- Worrall v. . MunnNew York Court of Appeals · 1851
- Benedict v. LynchNew York Court of Chancery · 1815
- Mahaney v. . CarrNew York Court of Appeals · 1903
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3Cited by34 opinions
- Epstein v. . GluckinNew York Court of Appeals · 1922
- Oscar Schlegel Manufacturing Co. v. Peter Cooper's Glue FactoryNew York Court of Appeals · 1921
- McCall Co. v. . WrightNew York Court of Appeals · 1910
- Mutual Life Ins. Co. v. . StephensNew York Court of Appeals · 1915
- Catholic Foreign Mission Society of America v. OussaniNew York Court of Appeals · 1915
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