Freedman v. Sirota
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Max Freedman •;and another, from a portion of an order ’ of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the-county of Kings on the 10th day of July, 1905.
1Opinion of the Court
Hirschberg, P. J.:
The action is for the specific performance of a contract, to sell real estate. ■ When the. case was called for trial the plaintiffs stated *875that they desired to amend the complaint by alleging depreciation in the value of the property, and to demand an adjudication establishing a vendee’s lien for the amount paid or deposited by them or on their behalf under the contract. The application to amend was denied. A long colloquy ensued betw'een court and counsel during which it appeared that the plaintiffs did not wish to proceed with the trial for the purpose of compelling…
2Cases cited4 opinions
- Deeley v. . HeintzNew York Court of Appeals · 1901
- Kruger v. PersonsAppellate Division of the Supreme Court of the State of New York · 1900
- Martin v. CookNew York Supreme Court · 1891
- Columbia Bank v. Gospel Tabernacle ChurchNew York Court of Appeals · 1891
3Cited by4 opinions
- Campanella v. CampanellaCalifornia Supreme Court · 1928
- Bradshaw v. . Mutual Life Ins. Co.New York Court of Appeals · 1907
- Warfield v. RicheyCalifornia Court of Appeal · 1959
- Everts v. BlaschkoCalifornia Court of Appeal · 1936