Daly v. Bruen
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, Washington County. Action by James C. Daly against Eliza Bruen. From a judgment for defendant, entered on a nonsuit, dismissing the complaint, directed by the court, plaintiff appeals. Reversed.
1Opinion of the CourtHoughton, J.
On the 23d of November, 1901, the defendanentered into a contract with the plaintiff to sell to him, free and clear from incumbrances, certain real property for the sum of $900, payment and the giving of a bond and mortgage for the balance to be made on the 1st day of April following. In case of the failure of either party to perform, damages were stipulated at the sum of $100. Shortly before the 1st of April, the defendant, objecting to going to a lawyer’s office on the 1st of April, requested that a day be appointed before that time to close up the matter. In pursuance of that request the…
2Cases cited2 opinions
- Ziehen v. . SmithNew York Court of Appeals · 1896
- Glenn v. RosslerNew York Supreme Court · 1895