Duffy v. . O'Donovan
New York Court of Appeals
Appeal from judgment of the late General Term of the second judicial district, affirming judgment entered in Kings county upon decision of court in favor of plaintiff. Action for specific performance of contract for the sale of lands in Brooklyn.
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Appeal from judgment of the late General Term of the second judicial district, affirming judgment entered in Kings county upon decision of court in favor of plaintiff. Action for specific performance of contract for the sale of lands in Brooklyn. The premises in question were owned by the defendant Dennis O’Donovan, and were sold to the plaintiff at public auction on the 11th of November, 1868. The usual memorandum of sale was signed by the auctioneer and the plaintiff, the latter paying ten per cent of the purchase-price, and agreeing to pay the balance on the first day of December, at…
1Opinion of the CourtAllen, J.
The judge by whom the case was tried" has, upon competent evidence, found every fact essential to,sustain the action and the judgment given therein. Upon the only question of fact in respect to which there was any* conflict of evidence, if it was within the province of this courfr to-review the findings of fact, when there was any evidence to sustain them, we should concur in opinion with the court below.
The balance of evidence was with the plaintiff as to the transactions of the first of December, and clearly showed an assent on the part of the agent of the vendor that the vendee might have…
2Cases cited6 opinions
- President of the Bank of the United States v. President of the Bank of GeorgiaSupreme Court of the United States · 1825
- Cozine v. Graham & BleekerNew York Court of Chancery · 1830
- Harris v. KnickerbackerCourt for the Trial of Impeachments and Correction of Errors · 1830
- Carman v. . PultzNew York Court of Appeals · 1860
- Friess v. . RiderNew York Court of Appeals · 1862
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3Cited by45 opinions
- Crane v. . PowellNew York Court of Appeals · 1893
- Luckenbach S. S. Co. v. W. R. Grace & Co.Court of Appeals for the Fourth Circuit · 1920
- Feeney v. HowardCalifornia Supreme Court · 1889
- Dixon v. DukeIndiana Supreme Court · 1882
- Larson v. JohnsonAppellate Court of Illinois · 1954
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