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10 Johns. 109

Storms v. Snyder

New York Supreme Court

Decided January 15, 1813

New York Supreme Court · decided 1813-01-15

IN ERROR, on certiorari, from a justice’s court. Snyder sued Storms, before the justice, for work and labour, and opening a road from the defendant’s house, &c. The plaintiff, on the trial, , ,i, i. , _ \ , proved an agreement between him and the defendant) that the plaintiff should open the road, &c. to its original width, and that the defendant should pay the plaintiff 10 dollars and 50 cents.

Cited by 1 later decisions — most recently November 1929

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1813-01-15

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Per Curiam.

¶1The statute says that no justice shall have cognisance of any action, “ where the title to land shall in any wise *110come in question.” But here was no question about title, and the agreement had no reference to title. The statute of frauds also says, that “ no contract or sale of lands, or any interest in or concerning them,” shall be valid, unless in writing, &c. This was not an agreement concerning an interest in land, since no interest in land was to be conveyed. It was merely an agreement to remove a fence, and one promise was a consideration for the other.

¶2Judgment affirmed.

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