Legal Opinion

Messer v. Aaron

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1905PublishedCited by 5 opinions

Appeal by the defendant, Samuel Aaron, from an order of the Supreme .Court, ’ made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 17th day of November, 1904, ddnying the' defendant’s motion for a further bill of particulars.

1Opinion of the Court

Woodward, J.:

This action was brought for the specific performance of a contract for the sale of certain real estate, or for damages for a failure to perform-. The plaintiff alleged the contract, the payment of $800 on account of the same, and his readiness' to perform all of the •Conditions of such contract on the day and date for the transfer of title, but that the defendant was “ unable and, unwilling to make the conveyance of the said premises in accordance- with the said contract.” The defendant moved for a bill of particulars “ setting forth in detail the particulars in respect to which…

2Cases cited4 opinions

  1. Taylor v. Security Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1902
  2. Constable v. HardenberghNew York Supreme Court · 1894
  3. Spencer v. Fort Orange Paper Co.Appellate Division of the Supreme Court of the State of New York · 1902
  4. Ahrens v. MoadingerAppellate Division of the Supreme Court of the State of New York · 1899

3Cited by5 opinions

  1. Locker v. American Tobacco Co.District Court, S.D. New York · 1912
  2. People v. Gilbert, New York County Courts1914
  3. Fickinger v. IvesAppellate Division of the Supreme Court of the State of New York · 1905
  4. Breslauer Realty Co. v. CohenAppellate Division of the Supreme Court of the State of New York · 1906
  5. New York Edison Co. v. McDonaldCity of New York Municipal Court · 1907

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