Drexel v. Hollander
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Elmer D. Hollander and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York'on the 6th day of Hovember, 1905, upon the decision of the court, rendered after a trial at the Hew York Special Term, overruling the defendants’ demurrer to the amended complaint.
1Opinion of the Court
McLaughlin, J.:
The defendants appeal from an, interlocutory judgment’ overruling their demurrer to the complaint upon the ground tliat the causes of action alleged áre inconsistent and have been improperly joined.
The material 'facts alleged, and admitted by the demurrer, are that a written contract was entered into between, the parties by which the defendants agreed to - sell, and the plaintiff to purchase, an automobile for $8,500 — $5,500 to be paid in’cash and the bal- "" anee by the delivery to the defendants of a second-hand automobile át a valuation of $3,000; that the plaintiff…
2Cases cited2 opinions
- Keep v. . KaufmanNew York Court of Appeals · 1874
- Condé v. RogersAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by3 opinions
- Hills v. McKaneNew York Supreme Court · 1911
- Hoag v. Lehigh Valley RailroadNew York Supreme Court · 1907
- Salter v. Bronx National BankAppellate Division of the Supreme Court of the State of New York · 1912