Towle v. Jones
The Superior Court of New York City
This was an appeal from a judgment, entered in favor of the defendant, on a trial on the 10th to the 17th of January, 1862, before Hr. Justice Honell, a jury having been waived by consent of the parties. This action was brought by James E. Towle and Charles E. Rover, to recover damages from the defendant for the nonperformance of a contract for the purchase of the unexpired term in certain leasehold premises, in the city of Hew York.
Read the full summary
This was an appeal from a judgment, entered in favor of the defendant, on a trial on the 10th to the 17th of January, 1862, before Hr. Justice Honell, a jury having been waived by consent of the parties. This action was brought by James E. Towle and Charles E. Rover, to recover damages from the defendant for the nonperformance of a contract for the purchase of the unexpired term in certain leasehold premises, in the city of Hew York. The contract was in two parts, one signed by the plaintiffs, and the other by the defendant. . The contract signed by the defendant, which was substan tially the…
1Opinion of the Court
By the Court.*—Bosworth, Ch. J.
Unless in an action for the recovery of money only, brought upon a contract to purchase and take a conveyance of real estate, and brought to recover damages specially stated in the complaint, but not to recover any part of the purchase-money, a plaintiff may have a judgment for specific performance, although he fails to establish a right to recover any part of the moneys for which judgment is prayed; the judgment appealed from in this case must be affirmed.
The Code provides that certain actions shall be tried by a jury, and that all other actions are triable by…
2Cases cited6 opinions
- The New York Ice Company v. . North Western Insurance Co.New York Court of Appeals · 1861
- Bidwell v. . the Astor Mutual Insurance CompanyNew York Court of Appeals · 1857
- Cole v. . ReynoldsNew York Court of Appeals · 1858
- Wood v. WoodNew York Supreme Court · 1858
- Lowry v. TewNew York Court of Chancery · 1848
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Coates v. DonnellThe Superior Court of New York City · 1881