New York Court of Appeals

James H. Cronkhite, Respondent v. Jonas Cronkhite, Appellant

January 15, 188494 N.Y. 323

Summary

The New York Court of Appeals reversed the lower court's judgment, holding that the oral agreement between the parties was at most a revocable license and did not create a perpetual easement. Because the agreement lacked the specificity required by the statute of frauds and was not supported by unequivocal part performance, the referee's finding of an enforceable easement was erroneous.