Court of Appeals of New York
160 N.E. 646 (1928)
In 1923, Charles Lath (defendant) owned a farm. Across the road from the farm, on another person’s property, Lath owned an icehouse. In fall 1923, Lath contracted to sell the farm to Catherine C. Mitchill (plaintiff) for $8,400. Mitchill, however, found the icehouse objectionable and requested Lath remove it. In addition to the written agreement executed by the parties for the sale of Lath’s farm, Lath also orally agreed to remove the icehouse in the spring of 1924. After Mitchill took possession of the farm, Lath refused to remove the icehouse. Mitchill brought suit for specific performance of the oral agreement, and the trial court ruled in her favor. The appellate court affirmed, and Lath appealed.
Rule of Law
Holding and Reasoning (Andrews, J.)
Dissent (Lehman, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 240,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.