Koles v. Borough Park Co.
Appellate Division of the Supreme Court of the State of New York
ApPEAL-by the plaintiffs, Eli Holes and another, from abridgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of New York on the 3d day of November, 1910-, upon the dismissal of the complaint by direction of the court at the close of plaintiffs’ case on a trial at the New York Trial Term. ■
1Opinion of the Court
McLaughlin, J.:
On the 6th of October, 1903, the parties to this action entered into a written contract for the purchase and sale of real estate, the • consideration to be paid in installments as provided therein. The installments, aggregating $1,112, were paid, if not according to the terms of the contract, certainly to the satisfaction of the defendant, to the month of April, 1910. On the 16th of June, 1910, the defendant notified the plaintiffs that two installments amounting to $28 were due on their contract, and also $687.59 for interest, taxes and assessments, and requested a check for…
2Cases cited3 opinions
- O'BRIEN v. MillerSupreme Court of the United States · 1897
- Woolsey v. . FunkeNew York Court of Appeals · 1890
- Curtiss v. . HowellNew York Court of Appeals · 1868
3Cited by5 opinions
- Fleischman v. . FurguesonNew York Court of Appeals · 1918
- Eidlitz v. Fischbach & Moore, Inc.Appellate Division of the Supreme Court of the State of New York · 1933
- Wolkind v. BermanAppellate Division of the Supreme Court of the State of New York · 1931
- Gioia v. GioiaNew York Supreme Court · 1939
- Bristol v. Cornell UniversityNew York Supreme Court · 1932