Ganss v. J. M. Guffey Petroleum Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, J. M. Guffey Petroleum. Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of ¡New Y.orlc on the 16th day of October, 1907, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 18th day of October, 1907, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Houghton, J.:
The defendant, having placed its steamship in the market for sale, gave to plaintiff’s assignor, a corporation, at its solicitation, .without any consideration being paid, an option to purchase it for $85,000, within a specified time. The option contemplated an examination of the vessel by the proposed purchaser before acceptance.
After the holder of the option had incurred the expense of employing an expert to make such examination and before acceptance the defendant withdrew the option. ¡Disregarding the withdrawal, and disputing the right to do so, the holder accepted within…
2Cases cited3 opinions
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Quick v. . WheelerNew York Court of Appeals · 1879
- Pomeroy v. NewellAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by9 opinions
- James Baird Co. v. Gimbel Bros., Inc.Court of Appeals for the Second Circuit · 1933
- Shubert Theatrical Co. v. RathCourt of Appeals for the Second Circuit · 1921
- Spitzli v. GuthNew York Supreme Court · 1920
- Chatham Plan, Inc. v. Clinton Trust Co.Appellate Division of the Supreme Court of the State of New York · 1936
- Cowan v. De WittNew York Supreme Court · 1954
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