Hoffman v. Hoffman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John E. Hoffman, from an interlocntory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 23d day of March, 1900, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the defendant’s amended demurrer to the complaint.
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Appeal by the defendant, John E. Hoffman, from an interlocntory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 23d day of March, 1900, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the defendant’s amended demurrer to the complaint. The contract, for the specific performance of which the action was brought,-is as follows: “ This Agreement, made and entered into this 29th day of August, in the year one thousand eight hundred and ninety-eight. By and between George J.…
1Opinion of the Court
Per Curiam :
The action was brought to enforce the specific performance of a contract. The demurrer interposed was based upon the ground that the complaint failed to state facts sufficient to constitute a cause of action.
It appears from the averments of the complaint that the parties were the owners of the property which is the subject of the contract as tenants in common, and on the 20th day of August, 1898, they entered into an agreement, the subject of the action, by which the' defendant agreed to purchase and the plaintiff to convey to the defendant by quit-claim deed his interest in the…
2Cited by1 opinion
- Spina v. MaroselliAppellate Terms of the Supreme Court of New York · 1901