Hills v. McKane
New York Supreme Court
Separate demurrers of the defendants McKane and Bowers to the amended complaint upon the grounds that two causes of action have been improperly united therein and that it does not state facts sufficient to constitute a cause of action.
1Opinion of the CourtGiegerich, J.
The amended complaint sets up two causes of action, the first being for a breach of an alleged contract between the plaintiff and the defendant John McKane, pursuant to the authority of the other defendants, and which they afterward ratified. The agreement, in substance, was that the plaintiff in consideration of the payment of $500 was to acquire a one-eighth interest in certain mining options owned by the defendants. It is further alleged in the first cause of action that the plaintiff made the payment of $500 according to the agreement; that the mining options were sold by the defendants…
2Cases cited8 opinions
- Kranz v. LewisAppellate Division of the Supreme Court of the State of New York · 1906
- Keep v. . KaufmanNew York Court of Appeals · 1874
- Logan v. WhitleyAppellate Division of the Supreme Court of the State of New York · 1908
- In re the Arbitration Between Burke & CornAppellate Division of the Supreme Court of the State of New York · 1907
- Drexel v. HollanderAppellate Division of the Supreme Court of the State of New York · 1906
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3Cited by1 opinion
- Rozwadow Young Men's Ass'n v. LangweilNew York Supreme Court · 1912