Legal Opinion

Hunt v. . Hay

New York Court of Appeals

Decided April 20, 1915PublishedCited by 3 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 9, 1913, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 9, 1913, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in fixing the measure of damages at one dollar per acre, the amount received by defendant from the land company, instead of four dollars per acre, which was the amount paid by plaintiff to said land company. (Sweet v. Howell, 96 App. Div. 45; McClure v. McClure, 65 Ind. 482;…

1Opinion of the CourtChase, J.

This action is brought to recover on alleged breaches of covenants of warranty contained in two deeds, each given by the defendant and his wife to the plaintiff, conveying lands in the state of Colorado. The plaintiff recovered a judgment in the action but claims that he should, as a matter of law, have recovered a larger amount than was awarded to him.

The defendant, claiming to be the owner of 3,200 acres of land in the state of Colorado, on April 8, 1905, entered into a contract with the Empire Land Company, a corporation, to sell to it said land for $3,200 and the corporation covenanted to…

2Cases cited17 opinions

  1. American Land Co. v. ZeissSupreme Court of the United States · 1911
  2. Staats v. Executors of Ten EyckNew York Supreme Court · 1805
  3. Baldwin v. MunnNew York Supreme Court · 1829
  4. Sigua Iron Co. v. . BrownNew York Court of Appeals · 1902
  5. Bennet v. JenkinsNew York Supreme Court · 1816

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3Cited by3 opinions

  1. L. Smirlock Realty Corp. v. Title Guarantee Co.Appellate Division of the Supreme Court of the State of New York · 1983
  2. Claim of Moyer v. Estate of Boylan, New York County Courts1922
  3. Callanan v. KeenanAppellate Division of the Supreme Court of the State of New York · 1917

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