Schultz v. . Griffin
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of Buffalo, entered upon an order made March 26, 1888, which affirmed a judgment entered upon a decision of the court on trial without a jury.
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Appeal from judgment of the General Term of the Superior Court of Buffalo, entered upon an order made March 26, 1888, which affirmed a judgment entered upon a decision of the court on trial without a jury. This action was brought upon the following contract: “ I hereby agree to pay to Byron M. Shultz the sum of one thousand dollars, providing lie will dispose of or sell my farm on Main Street, Buffalo, H. Y., known as the Owens place, consisting of 86-]- acres of land, more or less, for the sum of twenty thousand dollars, to be paid for as follows: Buffalo Savings Bank 1st mortgage, $5,000;…
1Opinion of the CourtAndrews, J.
The principal point urged for the reversal of the judgment is that the contract tendered to the defendant, whereby Longnecker agreed to pay such portion of the purchase-money as was represented by the mortgage to the Buffalo Savings Bank and the mortgage to Williams, " by assuming" those mortgages, was not a compliance with the terms upon which Schultz was employed to sell the farm. It is insisted that his authority extended only to a sale in which the purchaser should absolutely pay and discharge the mortgages, and that the agreement made by Longnecker would be satisfied by his paying the…
2Cases cited4 opinions
- Gibson v. ColtNew York Supreme Court · 1811
- Nixon v. HyserottNew York Supreme Court · 1809
- Peters v. FarnsworthSupreme Court of Vermont · 1843
- Taggart v. StanberyU.S. Circuit Court for the District of Ohio · 1841
3Cited by7 opinions
- Everman v. HerndonMississippi Supreme Court · 1894
- Henry v. LaneCourt of Appeals for the Fifth Circuit · 1904
- Abbott v. City of GalvestonTexas Supreme Court · 1904
- Oben v. DucharmeSupreme Court of Vermont · 1919
- Cotting v. CommonwealthMassachusetts Supreme Judicial Court · 1910
2 more not listed; retrieve them via the Exa API.