Weintraub v. Kruse
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Gustave E. Kruse, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 10th day of November, 1920, on the decision of the court rendered after a trial at the Kings Special Term. The action was brought for the specific performance of a contract for the sale of real property,
1Opinion of the Court
Kelly, J.:
This case was before this court in May, 1920, upon an appeal by the plaintiff from a judgment sustaining a demurrer to the* complaint upon the ground that it did not state a cause of action. The point involved in that appeal was the sufficiency of the alleged contract. We held that the memorandum jointly signed was sufficient. (Weintraub v. Kruse, 192 App. Div. 925.)
The defendant having answered, the case came on for trial, resulting in the judgment now appealed from.
There appears to be no question that the judgment for the plaintiff is warranted on the merits. The defendant, called…
2Cases cited5 opinions
- Farley v. SecorAppellate Division of the Supreme Court of the State of New York · 1915
- Maas v. MorgenthalerAppellate Division of the Supreme Court of the State of New York · 1910
- Morrison v. BrenmohlAppellate Division of the Supreme Court of the State of New York · 1910
- Campione v. EckertNew York Supreme Court · 1920
- Weintraub v. KruseAppellate Division of the Supreme Court of the State of New York · 1920
3Cited by2 opinions
- Feldman v. LisanskyNew York Court of Appeals · 1924
- Najarian v. BoyajianSupreme Court of Rhode Island · 1927