Kullman v. . Cox
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 15, 1899, affirming a judgment in favor of plaintiff entered upon a'decision of the court on trial at Special Term. This action was brought to compel the specific performance of a contract for the purchase of real estate. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 15, 1899, affirming a judgment in favor of plaintiff entered upon a'decision of the court on trial at Special Term. This action was brought to compel the specific performance of a contract for the purchase of real estate. The facts, so far as material, are stated in the opinion. As guardian in socage there devolved upon the plaintiff the custody of the infants’ interests in the real estate with its consequent responsibilities. (Boyer v. East, 161 N. Y. 580.) The plaintiff, as…
1Opinion of the Court
Parker, Ch. J.
This record as it comes to us entitles the plaintiff to an affirmance of the judgment, for the facts, which we must accept, are contained in the findings of the trial court. Every fact therein found has some evidence to support it — indeed every material fact but one is established by uncontradicted evidence, and that one relates to the value of the property at the time of the foreclosure sale; the affirmance by the Appellate Division, therefore, makes those facts conclusive upon this court. The question of law presented is whether the facts established title in the plaintiff…
2Cited by1 opinion
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