Whalen v. . Stuart
New York Court of Appeals
Appeal in the first above-entitled action from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 23, 1908, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
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Appeal in the first above-entitled action from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 23, 1908, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. Appeal in the second above-entitled action from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 13, 1906, granting a motion for the resettlement of a former judgment of that court. In March, 1903, one Nellie Duke entered into an agree merit with the defendants, under…
1Opinion of the CourtWerner, J.
As the record stands the case is very simple, notwithstanding the extended statement of facts which is essential to a proper comprehension of the questions which are decisive of this appeal. The suit is brought to enforce specific performance of a land contract. It is prosecuted by the assignee of the vendee and, of course, the plaintiff must abide by the case made for him by his assignor. At Special Term the plaintiff was awarded the judgment prayed for in the complaint, and upon appeal to the Appellate Division that judgment was unanimously affirmed. If the findings made at Special Term…
2Cases cited19 opinions
- Elterman v. . HymanNew York Court of Appeals · 1908
- Murray v. . MarshallNew York Court of Appeals · 1884
- Moller v. . TuskaNew York Court of Appeals · 1881
- Adams v. . FitzpatrickNew York Court of Appeals · 1891
- Rodermund v. . ClarkNew York Court of Appeals · 1871
14 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Pangburn v. . Buick Motor Co.New York Court of Appeals · 1914
- Merry Realty Co. v. Shamokin & Hollis Real Estate Co.New York Court of Appeals · 1921
- Boeing Airplane Co. v. Aeronautical Industrial Dist. Lodge No. 751District Court, W.D. Washington · 1950
- Blythe v. KujawaSupreme Court of Minnesota · 1929
- Bankers Surety Co. v. German Investment & Securities Co.Indiana Supreme Court · 1920
16 more not listed; retrieve them via the Exa API.