Vernol v. . Vernol
New York Court of Appeals
• Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of defendant, entered upon a decision of the court upon trial without a jury. (Reported below, 2 Hun, 676; 5 T. & O., 687.) This action was brought to recover a balance alleged to be due and unpaid of the purchase-price of certain premises sold and conveyed to defendant.
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• Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of defendant, entered upon a decision of the court upon trial without a jury. (Reported below, 2 Hun, 676; 5 T. & O., 687.) This action was brought to recover a balance alleged to be due and unpaid of the purchase-price of certain premises sold and conveyed to defendant. The court found the following facts: In the month of April, 1867, the plaintiff made and entered into a written agreement with one Robinson by which said Robinson agreed to convey to this plaintiff…
1Per curiam
According to the finding of the judge upon the trial, the defendant, believing the representations which had been made to him by the plaintiff, that the real estate which the plaintiff had contracted to purchase of Eobinson had cost the plaintiff $6,000, verbally agreed with the plaintiff that he would take the same and pay therefor the price aforesaid, then believing the price the plaintiff was to pay said Eobinson to be $6,000.
’ The defendant subsequently ascertained that the price was $5,250, and with plaintiff’s consent Robinson conveyed the premises to the defendant who paid the last…
2Cited by9 opinions
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- Bean v. BickleySupreme Court of Iowa · 1919
- Ball v. Farley, Spear & Co.Supreme Court of Alabama · 1886
- Darling v. ButlerU.S. Circuit Court for the District of Southern New York · 1891
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