LeLong v. Siebrecht
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the parties from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 24th day of September, 1920, on the decision of the court rendered after a trial at the Westchester Special Term. The action is, vendee against vendor, for the specific performance of a contract for the sale of real property, with an alternative claim for damages if the defendant is found unable to perform.
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Cross-appeals by the parties from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 24th day of September, 1920, on the decision of the court rendered after a trial at the Westchester Special Term. The action is, vendee against vendor, for the specific performance of a contract for the sale of real property, with an alternative claim for damages if the defendant is found unable to perform. The learned justice at Special Term found the facts for the plaintiff, but held that the defendant, having made a contract for…
1Opinion of the Court
Blackmar, J.:
This judgment might have been affirmed upon the opinion of the learned justice at Special Term except for a point of evidence that has been raised upon the appeal.
The contract for the purchase of the property was made between the plaintiff or his agent and Henry A. Siebrecht, the husband of Emma S. Siebrecht, the owner of the real property. The primary question in the case was the question of the agency of the husband to act for his wife. Upon this point I think the decision of the learned justice rests upon evidence sufficient to sustain it. The contract, although an oral one,…
2Cases cited5 opinions
- Church v. . HowardNew York Court of Appeals · 1880
- Saperstein v. Mechanics & Farmers Savings BankNew York Court of Appeals · 1920
- Matter of King v. . AshleyNew York Court of Appeals · 1904
- In re WhitlockNew York Supreme Court · 1888
- Niskern v. HaydockAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by16 opinions
- State Ex Rel. Cain v. BarkerSupreme Court of Missouri · 1976
- Hollien v. KayeNew York Supreme Court · 1949
- Arkansas National Bank v. Cleburne County BankSupreme Court of Arkansas · 1975
- Kent Jewelry Corp. v. KieferNew York Supreme Court · 1952
- Kozecke v. Humble Oil & Refining Co.Appellate Division of the Supreme Court of the State of New York · 1974
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