Moskowitz v. Schwartz
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Third District. Action by Max Moskowitz and David Moskowitz against Morris-Schwartz. From a judgment for plaintiffs defendant appeals.
1Opinion of the CourtGiegerich, J.
The plaintiffs agreed to purchase from the defendant a bakery for the sum of $2,700. They paid to the defendant. $100 at the time the contract of sale was made, but subsequently re*633fused to complete the purchase. This action is now brought by the plaintiffs to recover back the $100. Upon the trial the defendant claimed that he had paid $25 for legal expenses,' and had also paid a broker’s commission of $75. The character of the testimony w.as such that there was good ground for the trial justice to believe that the $75 had not been paid, and he manifestly took this view of the evidence,…
2Cases cited3 opinions
- Lawrence v. . MillerNew York Court of Appeals · 1881
- Chaude v. . ShepardNew York Court of Appeals · 1890
- Beveridge v. West Side Construction Co.Appellate Division of the Supreme Court of the State of New York · 1909
3Cited by1 opinion
- Moss v. RubensteinNew York Supreme Court · 1921