Dietz v. . Farish
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court, of the city of Hew York, affirming a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. (Reported below, 12 J. & S., 190.) This action was brought to compel a specific performance of an alleged contract. The facts appear sufficiently in the opinion.
1Opinion of the Court
Church, Ch. J.
Under the findings of the trial judge, which wo think were justified by the evidence, his conclusion that no contract was concluded between the parties, cannot be disturbed. Elaborate opinions were delivered at both the Special and General Terms in which the principles and authorities applicable to the question are fully discussed and cited, and we deem it unnecessary to reiferate them.
The transaction was not an unusual one, and courts should. construe the acts of the parties according to practical business rules. The parties met to negotiate a sale and purchase of a valuable…
2Cited by17 opinions
- Farago v. BurkeNew York Court of Appeals · 1933
- Schwartz v. GreenbergNew York Court of Appeals · 1952
- Intercontinental Monetary Corp. v. Performance Guarantees, Inc.District Court, S.D. New York · 1989
- Birch v. McNallAppellate Division of the Supreme Court of the State of New York · 1963
- Scarpinato v. National Patent Development Corp.New York Supreme Court · 1973
12 more not listed; retrieve them via the Exa API.