Sohns v. Beavis
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, F. William .Sohns, from a judgment of the Supreme Court in favor of the defendants^ entered in the office of the clerk of the county of HeW York on the 30th day of December, 1908, upon the decision of the court, rendered after a trial at the Hew York Special Term, dismissing the complaint'upon the merits. "
1DissentMcLaughlin, J.
I am unable to concur in the prevailing opinion. The terms of sale were read before the lots were offered for sale, and that constituted the memorandum of -sale by which the plaintiff was bound.
The terms of Sale¿ as read, provided that the parcels should be conveyed “ with restrictions as to buildings and against nuisances.” After the plaintiff had signed the memorandum of sale,, but before he had paid the amount then required, lie knew that the lots had beén Sold subject to the restrictions of which he now complains. Plaintiff’s witness, Schillinger, who was also a purchaser at the sale,…
2Cases cited3 opinions
- Feltenstein v. ErnstAppellate Terms of the Supreme Court of New York · 1906
- Feltenstein v. ErnstAppellate Division of the Supreme Court of the State of New York · 1906
- Feist v. BlockAppellate Division of the Supreme Court of the State of New York · 1906