Saperstein v. Mechanics & Farmers Savings Bank
New York Court of Appeals
Appeal, by permission, "from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 15, 1919, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term after rendition of a verdict in favor of plaintiff upon a question of fact submitted to the jury. The nature of the action and the facts, so far as material, are stated in the opinion. This is an action at law for damages.
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Appeal, by permission, "from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 15, 1919, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term after rendition of a verdict in favor of plaintiff upon a question of fact submitted to the jury. The nature of the action and the facts, so far as material, are stated in the opinion. This is an action at law for damages. (Broden v. Gordon, 50 Misc. Rep. 283; Daniell Ch. Pr. [7th ed.] 355; Wilder v. Ranney, 16 Wkly. Dig. 478; Von Beck v.…
1Opinion of the CourtAndrews, J.
The complaint alleges a contract between the parties for the purchase and sale of real estate. The consideration was 89,500. Of this sum 8200 was to be paid on January 5, 1917, the date of the contract, and the balance on February 7, 1917, at 11 o’clock a. m. at a designated place. Then the deed was to be delivered. The $200 was paid to the defendant, but on February 7 the vendee was not able to perform in full. He stated this fact to the vendor and also that he would be ready to do so in a few days. On February 13 he again informed the vendor that he would be ready to perform on the next…
2Cases cited12 opinions
- Lawrence v. . MillerNew York Court of Appeals · 1881
- Kennedy v. HazeltonSupreme Court of the United States · 1888
- Sternberger v. . McGovernNew York Court of Appeals · 1874
- Milkman v. OrdwayMassachusetts Supreme Judicial Court · 1870
- Dudley v. Congregation of the Third Order of St. FrancisNew York Court of Appeals · 1893
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3Cited by46 opinions
- Bank of New York v. HirschfeldNew York Court of Appeals · 1975
- Holden v. . Efficient Craftsman Corp.New York Court of Appeals · 1923
- Jurgensen v. MorrisAppellate Division of the Supreme Court of the State of New York · 1920
- LeLong v. SiebrechtAppellate Division of the Supreme Court of the State of New York · 1921
- Carroll-Ratner Corp. v. City Manager of New RochelleNew York Supreme Court · 1967
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