Flanders v. Rosoff
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Allen B. Flanders* from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Franklin on the 11th day of March, 1904, upon the decision of the court, rendered after a trial before the court without á jury at the Franklin Trial Term, dismissing the complaint upon the merits.
1Opinion of the Court
Chester, J.:
The action is one in equity for the specific performance of a contract. The plaintiff sought to require the defendant to execute a mortgage on certain premises, upon which a building had been constructed by the plaintiff under a contract between him and the defendant Bosoff, for which, the plaintiff alleged that the defendant Bosoff was to secure to be paid to the plaintiff $1,200 by a first mortgage on the premises. The plaintiff alleged in his complaint that he had “in all things performed the said agreement on his part to be performed and duly constructed said building as he…
2Cases cited3 opinions
- Spence v. . HamNew York Court of Appeals · 1900
- Benedict v. LynchNew York Court of Chancery · 1815
- Norton v. United States Wood Preserving Co.Appellate Division of the Supreme Court of the State of New York · 1903
3Cited by2 opinions
- Schlottmann v. WieseCourt of Appeals of Texas · 1935
- Heller v. Equity Marketing, Inc.Appellate Division of the Supreme Court of the State of New York · 1999