Dwork v. Weinberg
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Leon Dwork, from a judgment of^the Municipal Court of the city of New York in favor of the defendant, rendered upon the decision of the court after a trial without a jury in an action to recover damages for breach of contract.
1Opinion of the Court
Gaynor, J.:
This is an action to recover $500 paid by the plaintiff to the defendant on a contract of sale of- a lot of land by the defendant to him. The contract day, i. 6., for the delivery of the conveyance, was August 9th at 5 o’clock p. m. at the office of the defendant’s attorney. The defendant was there, and having waited until nearly 6 o’clock left. The plaintiff came nearly an hour late, and there being no one present who had charge of the matter came back at about 8 o’clock. A clerk of the attorney was there in charge. The deed of conveyance was locked up in the office safe, and he…
2Cases cited4 opinions
- Higgins v. . EagletonNew York Court of Appeals · 1898
- Ziehen v. . SmithNew York Court of Appeals · 1896
- Campbell v. PragueAppellate Division of the Supreme Court of the State of New York · 1896
- Zorn v. McParlandThe Superior Court of the City of New York and Buffalo · 1895
3Cited by4 opinions
- Griesemer v. HammondCalifornia Court of Appeal · 1912
- Alpern v. FarrellAppellate Division of the Supreme Court of the State of New York · 1909
- Charlton v. SheilNew York Supreme Court · 1916
- Tiffany Realty Co. v. Estey Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1928