De Jong v. Couch
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term. Action by Benjamin De Jong against Louis B. Couch. From a judgment in favor of plaintiff and an order denying a new trial, defendant appeals.
1Opinion of the CourtHatch, J.
The evidence given upon the trial authorized the jury to find that there was no breach of the contract upon the part of the plaintiff, and that he stood ready at all times to fulfill until there was a breach upon the part of the defendant. We must assume that the wife of the plaintiff went to the defendant and demanded that he procure Hart to execute the assignment, which, under the terms of the lease, it was essential that he should execute, and that the defendant then stated he was unable to procure the consent of Hart. The fair construction of the contract is that payment of the purchase…
2Cases cited1 opinion
- Ziehen v. . SmithNew York Court of Appeals · 1896
3Cited by1 opinion
- Commissioner of Public Charities v. VassieAppellate Division of the Supreme Court of the State of New York · 1915