Millbrook Co. v. Gambier
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Edward V. Gambier and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 22d day of April, 1916, upon the decision of the court after a trial at the New York Special Term.
1Opinion of the Court
Scott, J.:
The facts upon which this appeal comes on for hearing are very carefully and correctly stated by Mr. Justice Shearn and it will not be necessary to restate them. The contract between plaintiff and the defendant Gambier presented a dual aspect. It was not only a contract for the sale of real estate, but it also partook of the character of a lease pending the passing of the title. At the time this contract was made Gambier claimed to *871have, and apparently had, both the record and the legal title to the property which the plaintiff desired to acquire for its right of way. That it…
2Cited by2 opinions
- Saypol v. WolfNew York Supreme Court · 1937
- Stevens v. NyeAppellate Division of the Supreme Court of the State of New York · 1954