SPRINGSTEAD V. NEES
109 N.Y.S 148 (1908)
NATURE OF THE CASE: Springstead (P) appealed a decision, which dismissed Ps' action
against Nees (D) to prevent Ds from collecting a portion of the proceeds from the sale of a
parcel of land inherited by Ps.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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