New York Supreme Court, 1890

Nanny v. Fancher

Nanny v. Fancher
New York Supreme Court · Decided December 10, 1890 · Dykman
12 N.Y.S. 231; 34 N.Y. St. Rep. 954; 58 Hun 608; 1890 N.Y. Misc. LEXIS 3494 (New York Supplement)

Counsel

M. N. Kane, for appellant Mary A. Fancher. E. A. Brewster, for appellants Sarah A. Wilson and others. Bacon & Merritt, for respondent.

Nanny v. Fancher

Opinion of the Court

Dykman, J.

This is an appeal from a judgment in favor of the plaintiff upon a demurrer to the complaint, and we think the judgment must be affirmed. The action is substantially fora specific performance of a written contract, and all persons interested are made parties. There is no difficulty in administering full relief to all, and it is a case where equity will decree a performance of the agreement. We think, also, the plaintiff may maintain the action.

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