New York Supreme Court, 1874

Stephens v. Aulls

Stephens v. Aulls
New York Supreme Court · Decided April 15, 1874 · Smith
3 Thomp. & Cook 781

Counsel

Angel & Jones, for appellant., F. Brundage, for respondent.

Stephens v. Aulls

Opinion of the Court

E. Darwin Smith, J.

The head-note states the point upon which the judgment was affirmed. The affirmance was made with the modification that the judgment should be without prejudice to plaintiff’s right to sue at law. The following authorities were cited in the opinion:

Upon the right to enforce such contracts at law, Chappel v. Brockway, 21 Wend. 158; Rose v. Sadgbee, id. 166. As to the power of a court of equity to enforce it, Collins v. Plumb, 16 Ves. 454.

Judgment as modified affirmed.

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