Legal Opinion
Bowen v. Merdinger
New York Supreme Court
Decided October 11, 1949PublishedCited by 7 opinions
1Opinion of the CourtBenvenga, J.
In this action in equity to rescind a contract entered into March 12, 1948, the fundamental issues are: (1) whether the defendant Merdinger, in negotiating the contract of sale of December 16,1947, acted as an agent for plaintiffs or as a principal in his own behalf; and (2) whether the plaintiffs were induced to enter into the March 12, 1948, agreement (which they seek to rescind) by false and fraudulent representations.
The December, 1947, contract (hereinafter referred to as the “ sales agreement ”) is an agreement for the purchase and sale of the majority stock of the Bethlehem Silk…
2Cases cited24 opinions
- Meinhard v. SalmonNew York Court of Appeals · 1928
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Wendt v. FischerNew York Court of Appeals · 1926
- Cowee v. . CornellNew York Court of Appeals · 1878
- Adams v. . GilligNew York Court of Appeals · 1910
19 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Bankruptcy Services, Inc. v. Ernst & Young (In Re CBI Holding Co.)Court of Appeals for the Second Circuit · 2008
- Ernst & Young & Ernst & Young, LLP v. Bankruptcy Services, Inc. (In Re CBI Holding Co.)District Court, S.D. New York · 2004
- Bersani v. General Accident Fire & Life Assurance Corp.New York Court of Appeals · 1975
- In re the Estate of De BelardinoNew York Surrogate's Court · 1974
- Bersani v. GEN. ACC. FIRE CORP.New York Court of Appeals · 1975
2 more not listed; retrieve them via the Exa API.