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Contracts Keyed to Summers
Mitchill v. Lath
Citation:247 N.Y. 377, 160 N.E. 646
In 1923, Catherine Mitchill (plaintiff) was interested in purchasing the Charles Lath’s (defendant) farm. Mitchill, however, did not like the icehouse across the road on land that belonged to Lieutenant Governor Lunn. Lath orally promised that he would remove the icehouse in consideration for Mitchill’s purchase of his farm. Mitchill entered into a written contract to buy the farm for $8,400. She received a deed to the farm and spent considerable sums of money improving the property to make it into a summer residence. Lath, however, never removed the icehouse. Mitchill sued Lath to enforce the oral promise to remove the icehouse.
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