Legal Opinion

Todd v. Eighmie

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1896PublishedCited by 7 opinions

Appeal by the defendant, George B. Eighmie, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on tlie 19th day of June, 1896, granting a new trial in the action upon the ground of newly-discovered evidence, except from so much of said order as requires the payment by the plaintiff of the costs of the trial.

1Opinion of the Court

Rumsey, J.:

The plaintiff and the defendant entered into a contract by which the jjlaintiff agreed to buy and the defendant agreed to sell to him four lots of land on One Hundred and Seventeenth street in the city of Hew York. The plaintiff paid $1,000 upon the contract and incurred expenses in examining the title. As the result of that examination he declined to proceed with the contract and brought this action to recover the money he had paid and the expenses to which he had been put, for the reason, as he said, that the defendant had not a title to the premises. Upon the trial the plaintiff…

2Cases cited1 opinion

  1. Page v. . WaringNew York Court of Appeals · 1879

3Cited by7 opinions

  1. Baccari v. De SantiAppellate Division of the Supreme Court of the State of New York · 1979
  2. Hardway Restaurant, Inc. v. Once Upon a Stove, Inc. (In Re Hardway Restaurant, Inc.)United States Bankruptcy Court, S.D. New York · 1983
  3. Fox v. SizeLandNew York Supreme Court · 1938
  4. Chelsea Exchange Bank v. WeinsteinAppellate Division of the Supreme Court of the State of New York · 1929
  5. Chelsea Exchange Bank v. WeinsteinAppellate Division of the Supreme Court of the State of New York · 1929

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API