Springstead v. Nees

109 N.Y.S 148 (1908)

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Nature of the Case

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Facts

Ps and Ds are all of the surviving children of Nees, deceased, who died intestate, leaving them his sole heirs at law. Nees owned property at Sackett Street and held property at Atlantic Avenue in trust for Sophia and George (Ds). Ds originally thought that Nees owned the property at Atlantic Avenue but discovered it was in trust for them. While at the house after the death, Sophia spoke to Ps stating and Ds would give up their share of the Sackett Street property if Ps did not bother them about the Atlantic property. The Sackett property was sold. Ps brought suit against Ds to enforce the promise to give up their shares in Sackett. Ds testified that no such promise ever was made. The court dismissed the complaint because Ps had no color of right in the Atlantic Avenue property and did not at any time threaten or attempt to assert any claim of right hostile to Ds in that property; there was no consideration and hence no contract. Ps appealed.