Vandermulen v. . Vandermulen
New York Court of Appeals
Appeals from judgments of the General Term of the Superior Court of Buffalo, entered upon orders made May 9, 1885, which affirmed judgments in favor of plaintiffs entered upon verdicts. Each of these actions was brought to recover of defendant a sum which plaintiff claimed he was entitled to under the agreement hereinafter set forth.
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Appeals from judgments of the General Term of the Superior Court of Buffalo, entered upon orders made May 9, 1885, which affirmed judgments in favor of plaintiffs entered upon verdicts. Each of these actions was brought to recover of defendant a sum which plaintiff claimed he was entitled to under the agreement hereinafter set forth. In 1870 defendant and her three sons, the plaintiffs, entered ■into a copartnership for the purpose of parrying on the grocery 'business in the city of Buffalo. Certain premises in that city were purchased for the purposes of the business and were conveyed to the…
1Opinion of the CourtAndrews, J.
The defense that the contract was altered after its execution by the interlineation of the words “ or if said premises be at any time sold,” was submitted to the jury and the finding of the jury adversely to this contention, concludes the defendant. The finding, moreover, is supported by the weight and preponderance of testimony.
The principal question relates to the construction of the clause in the contract in which the words referred to are incorporated, and which provides “that should said lease become terminated before the expiration of the ten years therein named, by the sale of the said…
2Cases cited1 opinion
- Pearce v. . HitchcockNew York Court of Appeals · 1849
3Cited by19 opinions
- Hawaiian Gas Products v. Commissioner of Int. Rev.Court of Appeals for the Ninth Circuit · 1942
- Bell Telephone Co. v. . ParkerNew York Court of Appeals · 1907
- American Creameries Co. v. Armour & Co.Washington Supreme Court · 1928
- Pacific-Wyoming Oil Co. v. Carter Oil Co.Wyoming Supreme Court · 1924
- Clarke v. Long Island Realty Co.Appellate Division of the Supreme Court of the State of New York · 1908
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