New York Court of Appeals

George C. Peters, Appellants v. John F. Delaplaine, Respondents

May 21, 187249 N.Y. 362

Summary

The New York Court of Appeals affirmed the lower court, holding that the action for specific performance of a land sale contract was barred by the ten‑year statute of limitations because the cause of action accrued in 1852 and the suit was filed seventeen years later. The court also determined that the action is governed by section 97 of the 1849 Code, not the twenty‑year period of section 90, and that equity discretion cannot override the statutory bar.