Kister v. Pollak
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Celia Kister, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 21st day of January, 1907, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 21st day of January, 1907, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jerks, J.:
I think that the obligation of the defendants is to be determined by reading the contract and the agreement together. (Hine v. Bowe, 114 N. Y. 350; Knowles v. Toone, 96 id. 534.) The contract provides that if the title prove unmarketable, or if the seller fail without her fault to obtain title “ the sum of One thousand dollars hereby deposited shall be returned * * * and this contract shall then be null and void. * * * The price is Fifty-eight thousand five hundred dollars ($58,000 sic) payable as follows: One thousand dollars deposited in escrow with Poliak & Deutsch on signing of…
2Cases cited4 opinions
- Bigler v. . MorganNew York Court of Appeals · 1879
- Hartley v. . JamesNew York Court of Appeals · 1872
- Hine v. . BoweNew York Court of Appeals · 1889
- Darrow v. CornellAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- Sorensen v. LarueIdaho Supreme Court · 1926