Bliven v. . Lighthouse
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department entered July 14, 1920, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. There was no evidence in the case which would warrant the court* or a jury to find as a fact that the contract of January was modified and amended by the sale alleged to have been made in May. (Kingsland Land Co. v. Newman, 36 N. Y. Supp. 960; Hirch v. Am.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department entered July 14, 1920, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. There was no evidence in the case which would warrant the court* or a jury to find as a fact that the contract of January was modified and amended by the sale alleged to have been made in May. (Kingsland Land Co. v. Newman, 36 N. Y. Supp. 960; Hirch v. Am. D. Tel. Co., 90 N. Y. Supp. 2104.) Defendants’ testator by Approving the sale under the contract of May twenty-second, became…
1Opinion of the CourtPound, J.
This is an action to recover $1,000 on the following agreement between plaintiff’s husband and assignor, and defendants’ testator:
“ This agreement made on this 17th day of January, 1907, by and between John C. Lighthouse * * * of the first part and 'Eugene S. Bliven * * * of the second part, have entered into an agreement to sell a certain mail bag known as the John C. Lighthouse Patent, Patented Dec. 13th, 1904, No. 777214.
“ Now therefore, it is further agreed that the party of the second part is to use all of his ability and without delay in making the sale and is to deliver to the said J.…
2Cases cited2 opinions
- Gilder v. . DavisNew York Court of Appeals · 1893
- Colvin v. . Post Mortgage Land Co.New York Court of Appeals · 1919
3Cited by5 opinions
- Wagner v. DerecktorNew York Court of Appeals · 1954
- B. W. Lougheed & Co. v. SuzukiAppellate Division of the Supreme Court of the State of New York · 1926
- MacDowell-Peterman Co. v. Independent Packing Co.Appellate Division of the Supreme Court of the State of New York · 1925
- Tabenhouse v. International Oxygen Co.Court of Appeals for the Second Circuit · 1932
- Wiesenberger v. MayersAppellate Division of the Supreme Court of the State of New York · 1952