Legal Opinion

Melton v. . Fullerton-Weaver Realty Co.

New York Court of Appeals

Decided April 20, 1915PublishedCited by 10 opinions

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 21,1913, which reversed, as matter of law only, a determination of the Appellate Term affirming a judgment of the City Court of the city of New York in favor of plaintiffs entered upon a verdict and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 21,1913, which reversed, as matter of law only, a determination of the Appellate Term affirming a judgment of the City Court of the city of New York in favor of plaintiffs entered upon a verdict and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court did not err in its construction of the contract in the case at bar. (Vandergrift v. Cowles Engineering Co., 161 N. Y. 435.) The house sold, without the…

1Opinion of the CourtHogan, J.

Defendant was the owner of premises in the city of New York, known as Numbers 71 to 77 East Eighty-second street and Number 960 Park avenue, upon which was located a five-story and basement brick apartment house. Plaintiffs were engaged in the business of wrecking of buildings. The defendant had planned for the erection of a new building on the premises designated, and on June 3d, 1911, the parties hereto entered into an agreement in writing whereby the defendant in consideration of the sum of nine hundred dollars sold to the plaintiffs the building on the premises referred to, excepting only…

2Cases cited11 opinions

  1. People, Ex Rel. Muller v. . B'd of AssessorsNew York Court of Appeals · 1883
  2. Vandegrift v. . Cowles Engineering Co.New York Court of Appeals · 1900
  3. Schuchardt v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1873
  4. People Ex Rel. Van Nest v. Commissioners of Taxes & AssessmentsNew York Court of Appeals · 1880
  5. Adams v. GoddardSupreme Judicial Court of Maine · 1859

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3Cited by10 opinions

  1. J.K.S.P. Restaurant, Inc. v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1987
  2. Maffetone v. MicariCity of New York Municipal Court · 1954
  3. Chittenden Falls Realty Corp. v. Cray Valley Products, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
  4. Cervadoro v. First National Bank & Trust Co. of HudsonAppellate Division of the Supreme Court of the State of New York · 1944
  5. Levenson Wrecking Co. v. HillebrandAppellate Terms of the Supreme Court of New York · 1916

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