Reports of Cases Heard And Determined in the Appellate Division ..., volume 26
Reports of Cases Heard And Determined in the Appellate Division ..., volume 26
New York (State). Supreme Court. Appellate Division, Marcus Tullius Hun, Jerome B. Fisher, Austin B. Griffin
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Oscar Frhhee^ for the appellant. Lester IF. Clarlc^ for the respondent. McLaughlin, J. : This action was brought to recover one-half of the net proceeds realized from the sale of certain real estate. The plaintiff predicated his right to recover upon an oral agreement alleged to have been made between him and defendant which, in substance was, that slie would purchase the real estate, and whenever she sold the same she would pay to him one-half of all she received after deducting the purchase p...rice. The defendant denied making the agreement. The trial court, after hearing the evidence of both of the parties, dis- Digitized by VjOOQIC GOUGE V. GOUGE. 155 App. Div.] First Department, February Term, 1898. missed the complaint, and in so doing we think no error was committed. There is little dispute between tlie parties as to the facts. In 1873 the defendant, the widow of one Russell Bates, from whose estate she was then receiving, and has since received, an income, married this plaintiff, and as husband and wife in 1879 they went into pos- session, as tenants, of the real estate referred to in the complaint.
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