Summary
In Jenks v. Robertson, 58 N.Y. 621, the court, without considering the common-law rule that a specialty before breach cannot be discharged by a parol executory agreement, held it sufficient "that the circumstances showed an executed rescission of the contract, * * * upon which ground some of the cases go to escape from a harsh and inequitable application of the doctrine of the common law."
Summary of this case from MacFarlane v. Wardman Real Estate Inv. Corp.Opinion
Argued May 29, 1874
Decided June 9, 1874
Samuel Hand for the appellant.
George Sidney Camp for the respondent.
ANDREWS, J., reads for affirmance.
All concur.
Judgment affirmed.