Freeman v. Engel
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frank H. Freeman, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 15th day of February, 1918, sustaining a demurrer to the complaint and dismissing the same, with costs.
1Opinion of the Court
Lambert, J.:
This appeal is from an interlocutory judgment upon the pleadings, sustaining the defendant’s demurrer and dismissing the complaint.
The facts as pleaded- (and hence conceded) are as follows: May 4, 1917, plaintiff purchased ^n automobile of the defendant at the agreed price of $850.. The transaction was reduced to the form of a written contract which, among other things, provided that the title to" the car should remain in the defendant until the entire purchase price therefor should be paid; that default of any payment might permit the defendant to retake possession and declare…
2Cases cited1 opinion
- Lowy v. Hardman, Peck & Co.Appellate Division of the Supreme Court of the State of New York · 1916
3Cited by9 opinions
- Plainfield Motor Co. v. SalamonUnited States District Court · 1935
- Strickland v. Hare & Chase, Inc.Appellate Division of the Supreme Court of the State of New York · 1926
- J. B. Van Derveer & Son, Inc. v. CanzonoAppellate Division of the Supreme Court of the State of New York · 1923
- Snyder v. GuiderNew York Supreme Court · 1959
- Fisher v. Stewart Motor Corp.New York City Court · 1928
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