Towle v. Jones
The Superior Court of New York City
This was an appeal from a judgment, entered in favor of the defendant, on a trial on the 10th to the 17th of January, 1862, before Hr. Justice Honell, a jury having been waived by consent of the parties. This action was brought by James E. Towle and Charles E. Rover, to recover damages from the defendant for the nonperformance of a contract for the purchase of the unexpired term in certain leasehold premises, in the city of Hew York.
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This was an appeal from a judgment, entered in favor of the defendant, on a trial on the 10th to the 17th of January, 1862, before Hr. Justice Honell, a jury having been waived by consent of the parties. This action was brought by James E. Towle and Charles E. Rover, to recover damages from the defendant for the nonperformance of a contract for the purchase of the unexpired term in certain leasehold premises, in the city of Hew York. The contract was in two parts, one signed by the plaintiffs, and the other by the defendant. . The contract signed by the defendant, which was substan tially the…
1Dissent
Robertson, J. (dissenting).
The first question which this case presents, is whether the evidence on the trial would establish the right of the plaintiffs to recover in some form of action, or by some course of proceeding. The next is, whether, if it does, they have by any act or omission, or proceeding of theirs in this action, precluded themselves from obtaining any relief in it.• That depends for its solution again pn another point; whether the failure of the plaintiffs to establish a cause of action at common law, by proof of a'written contract, and the tender of a proper conveyance of a…
2Cases cited12 opinions
- Greason v. . KeteltasNew York Court of Appeals · 1858
- Phillips v. . GorhamNew York Court of Appeals · 1858
- Richards v. EdickNew York Supreme Court · 1853
- Bidwell v. . the Astor Mutual Insurance CompanyNew York Court of Appeals · 1857
- Jackson ex dem. Shipley v. MoncriefNew York Supreme Court · 1830
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