Kountze v. . Helmuth
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made in February, 1893, which overruled defendant’s exceptions and directed judgment in favor of plaintiffs upon a verdict directed by the court. The nature of the action and facts, so far as material, are stated in the opinion. The direction of a verdict in favor of the plaintiffs was error.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made in February, 1893, which overruled defendant’s exceptions and directed judgment in favor of plaintiffs upon a verdict directed by the court. The nature of the action and facts, so far as material, are stated in the opinion. The direction of a verdict in favor of the plaintiffs was error. The testimony given at the trial proved an absolute waiver by the plaintiffs’ testator of the alleged defects of title relied on, which, if not constituting a waiver as a matter of law,…
1Opinion of the CourtGray, J.
The action was to recover damages for breach by defendant of a contract for the sale of certain real property to plaintiffs’ testator. The title was rejected for defects appearing upon the records and that the title was objectionable, under the contract, is a question not in dispute here. But it was and is insisted for the defendant, as ground of error, upon which she is entitled to a reversal of the judgment entered upon a verdict directed for the plaintiffs, that there was evidence, upon the trial, of a waiver by plaintiffs’ testator of the defects in the title; which should, at least, have…
2Cited by12 opinions
- Dieterlen v. MillerAppellate Division of the Supreme Court of the State of New York · 1906
- Forster v. WilshusenNew York Court of Common Pleas · 1895
- Goodrich v. PrattAppellate Division of the Supreme Court of the State of New York · 1906
- Van Schaick v. LeseNew York Supreme Court · 1900
- Dethloff v. VoitAppellate Division of the Supreme Court of the State of New York · 1916
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