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Melenky v. Melen
New York Court of Appeals
134 N.E. 822 (1922)
Reuben Melenky (defendant) conveyed property by deed to his son, Asher Melen (defendant). The deed was accompanied by an oral promise from Melen to reconvey the property to Melenky upon request. Subsequently, Melenky married the plaintiff. The plaintiff claimed that she married Melenky in reliance on his statement that he owned the property in which Melen was living. Melenky asked Melen to reconvey the property. Melen deeded a life estate to Melenky but refused to deed the fee. Melenky accepted the deed and despite its availability did not seek to enforce his chose in action. The plaintiff brought suit seeking enforcement of an inchoate right of dower in the property. The trial court found in favor of Melen. The appellate court reversed. Melen appealed.
Rule of Law
Holding and Reasoning (Cardozo, J.)
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