Imperator Realty Co. v. . Tull
New York Court of Appeals
Appeal from a judgment, entered November 24, 1917, upon an order of the Appellate Division of the Supreme in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment, entered November 24, 1917, upon an order of the Appellate Division of the Supreme in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. A modification of a detail of performance of a contract by arrangement subsequently and for valuable consideration made between the parties, does not constitute a waiver of any of the provisions of the contract. (Penn. Steel Co. v. Title G. & T. Co., 193 N. Y.…
1Opinion of the CourtChase, J.
The parties to this action entered into a written contract under seal for the exchange of pieces of real property in the city of New York. On the day fixed therein for carrying out the contract and making the conveyances, the defendant deliberately defaulted. The action was brought to recover damages alleged to have been sustained by the plaintiff.
At the trial the jury determined all of the issues in favor of the plaintiff and rendered a verdict for it. The defendant appealed from the judgment entered upon such verdict and the Appellate Division reversed the judgment and dismissed the…
2Cases cited7 opinions
- Eighmie v. . TaylorNew York Court of Appeals · 1885
- Thomson v. . PoorNew York Court of Appeals · 1895
- Lese v. . LamprechtNew York Court of Appeals · 1909
- Arnot v. . Union Salt Co.New York Court of Appeals · 1906
- Brede v. . Rosedale Terrace Co.New York Court of Appeals · 1915
2 more not listed; retrieve them via the Exa API.
3Cited by113 opinions
- Nassau Trust Co. v. Montrose Concrete Products Corp.New York Court of Appeals · 1982
- R. H. Stearns Co. v. United StatesSupreme Court of the United States · 1934
- Rose v. Spa Realty AssociatesNew York Court of Appeals · 1977
- Fort Howard Paper Co. v. William D. Witter, Inc.Court of Appeals for the Second Circuit · 1986
- Philo Smith & Co., Inc. And James E. Rutherford v. Uslife CorporationCourt of Appeals for the Second Circuit · 1977
108 more not listed; retrieve them via the Exa API.