Melton v. Fullerton-Weaver Realty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Fullerton-Weaver Realty Company, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 19th day of February, 1913, affirming a judgment of the City Court of the city of New York, entered upon a verdict in favor of the plaintiffs, and an order denying its motion for a new trial, and also (as stated in the notice of appeal) from a judgment of affirmance entered in the office of…
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Appeal by the defendant, the Fullerton-Weaver Realty Company, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 19th day of February, 1913, affirming a judgment of the City Court of the city of New York, entered upon a verdict in favor of the plaintiffs, and an order denying its motion for a new trial, and also (as stated in the notice of appeal) from a judgment of affirmance entered in the office of the clerk of said City Court on the 21th day of February, ■1913.
1Opinion of the Court
McLaughlin, J.:
The defendant was the owner of certain real estate in the city of New York, including a building thereon. It desired to tear down the building for the purpose of erecting a new one, and to that end entered into the contract with the plaintiffs referred to in the opinion of Mr. Justice Laughlin. When the building had been partially demolished the defendant, claiming that the plaintiffs had violated the contract in not tearing down the building and removing the materials within the time specified, prevented further performance and did the work itself, or through another…
2Cases cited9 opinions
- Ford v. . CobbNew York Court of Appeals · 1859
- Green v. ArmstrongCourt for the Trial of Impeachments and Correction of Errors · 1845
- Davis v. . BlissNew York Court of Appeals · 1907
- Lacustrine Fertilizer Co. v. Lake Guano & Fertilizer Co.New York Court of Appeals · 1880
- Bank of Lansingburgh v. CraryNew York Supreme Court · 1847
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3Cited by1 opinion
- Melton v. Fullerton Weaver Realty Co.Appellate Division of the Supreme Court of the State of New York · 1913