Palmer v. Schwarzenbach
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Arthur Schwarzenbach and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 20th day of February, 1914, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 17th day of February, 1914, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Clarke, J.:
The complaint alleged, for a first cause of action, that the defendants entered into an agreement with the plaintiff for a valuable consideration whereby each- agreed to sell to him ten shares of the stock of the A. E. Stephens Company; that plaintiff had duly performed all the conditions of said agreement on his part to be performed, but the defendants had failed, neglected and refused to perform their agreement, and by rea-, son thereof he has been damaged in the sum of $Y, 530.
For a second cause of action that the defendants agreed to *615sell to the plaintiff twenty shares of the…
2Cases cited3 opinions
- Bank of British North America v. DelafieldNew York Court of Appeals · 1891
- Viele v. . McLeanNew York Court of Appeals · 1910
- King v. . Hudson River Realty Co.New York Court of Appeals · 1914
3Cited by1 opinion
- C. Alexopoulos Freres, Inc. v. Nemours Trading Corp.Appellate Division of the Supreme Court of the State of New York · 1923