Patterson v. . Meyerhofer
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme (Dourt in the second judicial department, entered May 5, 1910, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. 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 (Dourt in the second judicial department, entered May 5, 1910, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The-contract for the conveyance of four of the houses to the defendant was hut a part of the agreement between the parties, and the whole agreement was not merged in this contract. (Taintor v. Hemmingway, 18 Hun, 458; 83 N. Y. 610; Remington v. Palmer, 62 N. Y.…
1Opinion of the CourtWillard Bartlett, J.
The parties to this action entered into a written contract whereby the plaintiff agreed to sell and the defendant agreed to buy four several parcels of land with the houses thereon for the sum of $23,000, to be paid partly in cash and partly by taking, title subject to certain mortgages upon the property. vWhen she executed this contract, the defendant ’¡knew that the plaintiff was not then the owner of the premises which he agreed to sell to her but that' he expected and intended to acquire title thereto by purchasing the same at a foreclosure sale.") Before this foreclosure sale took place…
2Cases cited3 opinions
- Barton v. GrayMichigan Supreme Court · 1885
- Young v. . HunterNew York Court of Appeals · 1852
- Gay & Co. v. BlanchardSupreme Court of Louisiana · 1880
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- Wieder v. SkalaNew York Court of Appeals · 1992
- A.H.A. General Construction, Inc. v. New York City Housing AuthorityNew York Court of Appeals · 1998
- Cameron-Hawn Realty Co. v. . City of AlbanyNew York Court of Appeals · 1913
- Simon v. . EtgenNew York Court of Appeals · 1915
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