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Mitchill v. Lath

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.)

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