Abel v. Bischoff
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Samuel Y. Abel, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Mew York on the 29th day of April, 1904, upon the decision of the court rendered after a trial at the New York Special Term, also from an order entered in said clerk’s office on the 17th day of May, 1904, and also from an order entered on the 25th day of May, 1904.
1Opinion of the Court
Patterson, J.:
The appeal in this action is from a judgment directing the specific performance of a contract for the sale of land; and by the notice of appeal there is brought up for review an order which contains a provision (also inserted in the final judgment) declaring certain moneys paid on account of the purchase price of the land to be forfeited. The case is somewhat peculiar. The plaintiff and the defendants entered into, a contract by which the former agreed to buy and the latter to sell a valuable piece of real estate in the borough of Manhattan in the city of New York. The…
2Cases cited2 opinions
- Tompkins v. . IvesNew York Court of Appeals · 1867
- Shepherd v. . MoodheNew York Court of Appeals · 1896