Boschen v. Stockwell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Ulysses Gr. Stockwell, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 28th day of November, 1914, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Howard, J.:
The pleadings herein present a square issue of fact in an action at law. This issue of fact has been submitted to a jury *35and the jury has found against the defendant. Neither litigant invokes the equity side of the court and, therefore, we must consider the matter as it comes to us and pass upon the question presented hy the appeal.
Julia B. Bryant, on August 6, 1908, entered into a written contract with the defendant whereby he agreed to sell to Mrs. Bryant a certain building lot in the city of Albany and erect thereon a house. By the terms of the contract Mrs. Bryant agreed to pay…
2Cases cited1 opinion
- Bischoff v. BischoffAppellate Division of the Supreme Court of the State of New York · 1903