Legal Opinion
Clark v. Kirby
New York Court of Appeals
Decided July 9, 1926PublishedCited by 55 opinions
1Opinion of the CourtCrane, J.
On points of practice and procedure the plaintiffs have been barred from trying this case on the merits. The action is one for the rescission of a contract of sale on the ground of fraud. Although the plaintiffs have always insisted upon rescission, both before and after the bringing of this action; have ever stood ready to return the property received; have not used the property since the discovery of the misrepresentations involved in the transaction, our courts thus far have dismissed the plaintiffs’ complaint because they later ventured to bring an action in Missouri against one of the…
2Cases cited7 opinions
- Reno v. . BullNew York Court of Appeals · 1919
- United States v. Oregon Lumber Co.Supreme Court of the United States · 1922
- Schenck v. . State Line Telephone Co.New York Court of Appeals · 1924
- Moller v. . TuskaNew York Court of Appeals · 1881
- Merry Realty Co. v. Shamokin & Hollis Real Estate Co.New York Court of Appeals · 1921
2 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Smith v. KirkpatrickNew York Court of Appeals · 1953
- Nasaba Corp. v. Harfred Realty Corp.New York Court of Appeals · 1942
- Perkins v. Benguet Consolidated Mining Co.California Court of Appeal · 1942
- Erbe v. Lincoln Rochester Trust Co.New York Court of Appeals · 1957
- Luitpold Pharmaceuticals, Inc. v. Ed. Geistlich Söhne A.G. Für Chemische IndustrieCourt of Appeals for the Second Circuit · 2015
50 more not listed; retrieve them via the Exa API.