Appellate Division of the Supreme Court of the State of New York March 3, 1909 (National Exchange Bank of Clayton v. Nims)

Robson, J.:

This case presents this state of facts. In the spring of 1907 defendant Livingstone A. Nims was the owner of a life estate in a parcel of real estate in Jefferson county. His wife, the defendant Edith Nims, owned the remainder in the premises. In April of that year she, through her agent, Heyl, made an oral contract with défendant Walton to sell these premises to the latter.