Butler v. . Wright
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 20, 1905, reversing a judgment in favor of plaintiff entered upon the report of a referee and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. There being evidence in support of each of the referee’s findings of fact, the same are conclusive in this court. (Ogden v. Alexander, 140 N. Y. 356; First Nat.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 20, 1905, reversing a judgment in favor of plaintiff entered upon the report of a referee and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. There being evidence in support of each of the referee’s findings of fact, the same are conclusive in this court. (Ogden v. Alexander, 140 N. Y. 356; First Nat. Bank v. Chalmers, 144 N. Y. 432; Marvin v. B. I. M. Co., 55 N. Y. 538.) Plaintiff is entitled to a specific performance…
1Opinion of the CourtHaight, J.
This action was brought to compel the specific performance of a contract for the purchase and sale of stock. The contract upon which the action is based was to the .effect that the plaintiff agreed to procure and turn over to the defendant all of the capital stock of the Economy Packing Company, a Hew Jersey corporation, and that the defendant agreed to pay therefor by delivering to the plaintiff five hundred shares of the capital stock of the Wright’s Automatic Tobacco Packing Machine Company, a West Virginia corporation.
The chief question of fact litigated upon the trial was the alleged…
2Cases cited5 opinions
- Williams v. . MontgomeryNew York Court of Appeals · 1896
- Johnson v. . BrooksNew York Court of Appeals · 1883
- Matter of Petition of Argus Co.New York Court of Appeals · 1893
- Bomeisler v. . ForsterNew York Court of Appeals · 1897
- Lighthouse v. Third National BankNew York Court of Appeals · 1900
3Cited by19 opinions
- McMillan, Ltd. v. WARRIOR DRILLING & ENG.Supreme Court of Alabama · 1987
- Waddle v. . CabanaNew York Court of Appeals · 1917
- Lusker v. TannenAppellate Division of the Supreme Court of the State of New York · 1982
- General Securities Corporation v. WeltonSupreme Court of Alabama · 1931
- Parsons v. LipeNew York Supreme Court · 1933
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