Legal Opinion

Farago v. Burke

New York Court of Appeals

Decided July 11, 1933PublishedCited by 73 opinions

1Opinion of the CourtCrane, J.

The error in this case has been in thinking that there was a contract — a meeting of the minds on the sale of real property which had been reduced to writing. Bor instance, the respondent in his brief says, “ the record disclosed ample evidence to support the finding that the parties had entered into a contract.” Here we differ with him and with the lower courts. There was no contract binding on both parties before the grantor withdrew from the bargain.

James McTiernan agreed to sell to Anthony Barago certain premises known as lots Nos. 577 and 578 of the Van Cortlandt estate, in the Bronx,…

2Cases cited9 opinions

  1. Worrall v. . MunnNew York Court of Appeals · 1851
  2. Stanton v. . MillerNew York Court of Appeals · 1874
  3. Cagger v. . LansingNew York Court of Appeals · 1871
  4. Petterson v. PattbergNew York Court of Appeals · 1928
  5. 300 West End Avenue Corp. v. WarnerNew York Court of Appeals · 1929

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3Cited by73 opinions

  1. Stonehill Capital Management LLC v. Bank of the WestNew York Court of Appeals · 2016
  2. Hess v. Dumouchel Paper Co.Supreme Court of Connecticut · 1966
  3. Mizuna, Ltd. v. Crossland Federal Savings Bank, AKA Crossland Savings Fsb, Royal Realty Co., a PartnershipCourt of Appeals for the Second Circuit · 1996
  4. Takayama v. SchaeferAppellate Division of the Supreme Court of the State of New York · 1998
  5. Ingemar Johansson v. United StatesCourt of Appeals for the Fifth Circuit · 1964

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