Legal Opinion

Rudiger v. Coleman

Appellate Division of the Supreme Court of the State of New York

Decided April 20, 1906PublishedCited by 3 opinions

Appeal by the plaintiffs, Eugfene A. Rudiger and another,' from an interlocutory judgment of the Supreme Court, entered, in the office. of the clerk of the county of Kings on the 7th day of April, 1905; also 'from an order entered in said clerk’s office on the l-bth day of May, 1905', resettling and amending the findings of fact, and also from an order entered in said clerk’s office on the 25th day of May, 1905, dénying the plaintiffs’ motion to vacate and set aside said…

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Appeal by the plaintiffs, Eugfene A. Rudiger and another,' from an interlocutory judgment of the Supreme Court, entered, in the office. of the clerk of the county of Kings on the 7th day of April, 1905; also 'from an order entered in said clerk’s office on the l-bth day of May, 1905', resettling and amending the findings of fact, and also from an order entered in said clerk’s office on the 25th day of May, 1905, dénying the plaintiffs’ motion to vacate and set aside said order.

1Opinion of the Court

Hirschberg, P. J.:

The primary purpose of this action is to procure the rescission of an agreement made between the parties on June' 16, 1899. Inei-. dental to such purpose, equitable relief is asked, for an accounting by the defendants, for a reconveyance by them to the plaintiffs of certain real estate ydiich had been deeded-by the plaintiffs to the. defendants pursuant to the terms of the-agreement,, and further for' a decree impressing said property with a trust.

At the time of the execution of the agreement the defendants were under contract with the city of Mew York for the construction…

2Cases cited3 opinions

  1. Fargo v. New York & New England RailroadNew York Supreme Court · 1893
  2. Kirkwood v. SmithAppellate Division of the Supreme Court of the State of New York · 1902
  3. Wilcox v. WilliamsNew York Supreme Court · 1895

3Cited by3 opinions

  1. Weldon v. DeganWashington Supreme Court · 1915
  2. Rudiger v. ColemanAppellate Division of the Supreme Court of the State of New York · 1912
  3. People v. HarrisNew York Court of General Session of the Peace · 1907

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