Maier v. Rebstock
Appellate Division of the Supreme Court of the State of New York
Motion by the defendant, Joseph H. Rebstock, for a new trial made upon a case containing exceptions, ordered, to be heard at the Appellate Division in the first instance, upon the verdict of a jury in favor of the plaintiff’, rendered by direction of the court, after a trial at the Seneca Trial Term.
1Opinion of the Court
Spring, J.:
On January 10, 1893, defendant conveyed to the plaintiff a parcel of land situate in the city of Buffalo for $720; of' the purchase price, $220 were'paid in cash find $500 were secured to the vendor by the bond and mortgage of the vendee due in three years from date. Contemporaneous with the delivery of the conveyance the vendor executed, as a part' of the consideration of the transaction, the following instrument:
“ Buffalo, N. Y., Jany. 10th, 1893.
“ Guarantee to Chas. W. Maier.
“ I hereby agree, if at the end of three (3) years you can’t sell' at an advance to cover six (6) per…
2Cases cited2 opinions
- Pierson v. . CrooksNew York Court of Appeals · 1889
- Grabfelder v. VosburghAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by11 opinions
- Sherkate Sahami Khass Rapol v. Henry R. Jahn & Son, Inc.Court of Appeals for the Second Circuit · 1983
- Bennett's, Inc. v. KroghSupreme Court of Colorado · 1946
- Davis v. GodartSupreme Court of Minnesota · 1915
- Reitz v. BrouhardSupreme Court of Iowa · 1924
- Sherkate Sahami Khass Rapol (Rapol Construction Co.) v. Henry R. Jahn & Son, Inc., Henry R. Jahn & Son, Inc., and Third-Party v. Lufkin Industries, Inc., Third-PartyCourt of Appeals for the Second Circuit · 1983
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