New York Court of Appeals

Hugh Miller, Respondent v. Marcus Ball, Appellant

February 25, 187664 N.Y. 286

Summary

The New York Court of Appeals affirmed the lower court's judgment granting specific performance of a parol contract for land. The court held that the plaintiff's full payment, possession, and improvements constituted sufficient part performance to remove the contract from the statute of frauds. Accordingly, the vendor was bound to deliver the deed.