Delaware Trust Co. v. . Calm
New York Court of Appeals
Appeal from an order of tlie Appellate Division of the Supreme Court in the first judicial department, entered December 17, 1907, which sustained plaintiff’s exceptions to a dismissal of the complaint directed by the court at a Trial Term and granted a new trial.
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Appeal from an order of tlie Appellate Division of the Supreme Court in the first judicial department, entered December 17, 1907, which sustained plaintiff’s exceptions to a dismissal of the complaint directed by the court at a Trial Term and granted a new trial. This action was brought to recover the sum of $2,594.97, which is alleged to have become due to the assignors of the plaintiff upon a written instrument, under seal, entered into on the 21st of November, 1899, by the defendants as parties of the first part and S. Rodmund Smith and J. Ernest Smith as parties of the second part. After…
1Opinion of the CourtVAinsr, J.
When the assignors of the plaintiff exercised the option given by the sixth clause of the agreement in question, the arrangement became a contract, whereby one party agreed to purchase and, by necessary implication, the other party agreed to sell “for cash, all the right and interest of ” the latter “ in said business and ” said “ agreement.” The buyers were to pay for the “right and interest” agreed to be sold “ the actual amount of cash paid out or expended ” by the sellers “ in and about said business.” The evidence warrants the inference that both real and personal property had been…
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- President of the Bank of Columbia v. HagnerSupreme Court of the United States · 1828
- Lester v. . JewettNew York Court of Appeals · 1854
- Benedict v. . PincusNew York Court of Appeals · 1908
- Dunham v. . MannNew York Court of Appeals · 1853
- Page v. . ShainwaldNew York Court of Appeals · 1901
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- Conners v. WinansNew York Supreme Court · 1924
- Pink v. Investors Syndicate Title & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1936
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