Kountze v. Helmuth
New York Supreme Court
Exceptions from circuit court, New York county. Action by Augustus Kountze against Fannie Ida Helmuth to recover damages for breach of a written contract to convey certain real estate. Subsequent to the trial, plaintiff died, and the action was revived in the name of Herman Kountze, Luther Kountze, and Charles Kountze, as his executors.
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Exceptions from circuit court, New York county. Action by Augustus Kountze against Fannie Ida Helmuth to recover damages for breach of a written contract to convey certain real estate. Subsequent to the trial, plaintiff died, and the action was revived in the name of Herman Kountze, Luther Kountze, and Charles Kountze, as his executors. There was a verdict for plaintiff by direction of the court, and exceptions were ordered to be heard, in the first instance, at the general term.
1Opinion of the CourtLawrence, J.
On the 21st of' September, 1888, the plaintiffs’ testator and defendant entered into an agreement in writing, whereby the defendant agreed to sell to the plaintiffs’ testator, and the latter agreed to purchase, the premises situated on the northerly corner of Madison avenue and East Forty-First street, in the city of New York, for $105,-000, $2,000 to be paid on the execution of the agreement, and the balance on the taking of the title. The defendant agreed, on receiving such payment, to execute, acknowledge, and deliver to the plaintiffs’ testator a proper deed containing a general warranty…
2Cases cited9 opinions
- Trustees of Columbia College v. . ThacherNew York Court of Appeals · 1881
- Trustees of Columbia College v. LynchNew York Court of Appeals · 1877
- Moore v. . WilliamsNew York Court of Appeals · 1889
- Huyck v. . AndrewsNew York Court of Appeals · 1889
- Lattimer v. . LivermoreNew York Court of Appeals · 1878
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