Teller v. Schulz
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Abraham Teller, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the defendants, rendered on the 9th day of January, 1907.
1Opinion of the Court
Jenks, J.:
The plaintiff (vendee) appeals from a judgment for the defendants on the merits in an action in the Municipal Court to recover $400 paid on account of a contract under seal for the conveyance of realty. The action rests upon non-performance. Heither party offered evidence, but upon the allegations and the admissions of the written pleadings and the admissions at the trial, both presented the facts ..for judgment. It is conceded that the. question of non-performance hangs upon the fact that the defendants were in possession of a part of the premises at the time the parties met to…
2Cases cited9 opinions
- Ziehen v. . SmithNew York Court of Appeals · 1896
- Williams v. . HaddockNew York Court of Appeals · 1895
- Miller v. . BallNew York Court of Appeals · 1876
- McPherson v. . SchadeNew York Court of Appeals · 1896
- Stevenson v. PolkSupreme Court of Iowa · 1887
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3Cited by6 opinions
- House v. HornburgAppellate Division of the Supreme Court of the State of New York · 1944
- Hoffman v. HoffmanAppellate Division of the Supreme Court of the State of New York · 1925
- Griesemer v. HammondCalifornia Court of Appeal · 1912
- Havens v. County of AlamedaCalifornia Court of Appeal · 1916
- Sewell v. Home InsuranceAppellate Division of the Supreme Court of the State of New York · 1909
1 more not listed; retrieve them via the Exa API.