Schiffer v. . Dietz
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made July 1, 1879, affirming a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts are set forth sufficiently in the opinion. Unless a party promptly dis: affirms a contract on the discovery of the fraud, he will be deemed to have waived the fraud, and to have elected to abide by the contract.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made July 1, 1879, affirming a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts are set forth sufficiently in the opinion. Unless a party promptly dis: affirms a contract on the discovery of the fraud, he will be deemed to have waived the fraud, and to have elected to abide by the contract. (Wheaton v. Baker, 14 Barb. 594; Bruce v. Davenport, 3 Keyes, 374; Lamerson v. Marvin, 8 Barb. 9; Hunt, Adm'r, v. Singer, 1…
1Opinion of the CourtAndrews, J.
This action was commenced on the 25th of April, 1876, to rescind a conveyance executed Hay 10, 1872, by the defendant to the plaintiff of certain lots in the city of New York, and to compel the defendant to restore $12,500 received by him from the plaintiff on the sale, and to cancel and surrender three bonds and mortgages amounting in the aggregate to $37,500, executed by the plaintiff to the defendant to secure the unpaid purchase-price of the land conveyed.
The conveyance sought to be rescinded was made in execution of a written contract of sale between the parties, made on the 8th of…
2Cases cited9 opinions
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Cobb v. . HatfieldNew York Court of Appeals · 1871
- Myers v. . De MierNew York Court of Appeals · 1873
- Lawrence v. DaleNew York Court of Chancery · 1817
- Schiffer v. . PrudenNew York Court of Appeals · 1876
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3Cited by71 opinions
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- Scott v. WaltonOregon Supreme Court · 1898
- Dale v. JenningsSupreme Court of Florida · 1925
- Ballen v. PotterNew York Court of Appeals · 1929
- Strong v. . StrongNew York Court of Appeals · 1886
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