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Van Winkle v. Waterman

141 N.Y.S. 1149 Court N.Y. App. Div. Decision date 1913-05-21 English

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p. 1149
VAN WINKLE, Respondent, v. WATERMAN et al., Appellants.
(Supreme Court, Appellate Division, Fourth Department.
May 21, 1913.)

Headnote

Action by Cornelia Ann Van Winkle against Elias Waterman and another.

Judgment reversed, and complaint dismissed, with costs, including costs of this appeal. Held that, under the most favorable construction of the evidence and the findings of the trial court, plaintiff is not entitled to a judgment of specific performance; that, if any such contract was made, she has an adequate remedy at law.