Begen v. Pettus
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sadie M. Begen, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 31st day of May, 1913, upon the decision of the court after a trial at the New York Special Term. The judgment required plaintiff specifically to perform a contract for the purchase of real estate.
1Opinion of the Court
Scott, J.:
This action was brought to recover the down payment of $6,000 on a real estate contract between plaintiff and the living defendants and Sarah Louise Curtis of whose will the defendant David C. Curtis is the executor. The defendants counterclaimed demanding specific performance by the plaintiff, and from a judgment in their favor said plaintiff appeals.
The case has been twice tried. On the first trial defendants recovered a judgment for specific performance which was reversed by this court and a new trial granted. (Begen v. Pettus, 144 App. Div. 476.) On the second trial the case was…
2Cases cited1 opinion
- Begen v. PettusAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by1 opinion
- Begen v. . PettusNew York Court of Appeals · 1918