Prospect Park & Coney Island Railroad v. Coney Island & Brooklyn Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 12,1892, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to compel the specific performance of a contract. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 12,1892, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to compel the specific performance of a contract. The facts, so far as material, are stated in the opinion. This case being an appeal from a decision of the General Term reversing a judgment rendered upon a trial at Special Term without a jury, and the judgment stating that such reversal was for errors of both law and…
1Opinion of the CourtBabtlett, J.
The parties to this action entered into a contract June 1, 1882, and the plaintiff seeks to compel its specific performance.
The Special Term rendered judgment for plaintiff; the General Term reversed the judgment, and the plaintiff comes here under the usual stipulation in ease of affirmance.
The reversal was for error, both of law and fact, and the failure to insert a certificate that the case contains all the evidence having been cured by the amendment of the return by the Supreme Court, we are called upon to review the facts as well as the law.
At the time of making the contract the…
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- Marble Co. v. RipleySupreme Court of the United States · 1870
- Trustees of Columbia College v. . ThacherNew York Court of Appeals · 1881
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