Schreiber v. Elkin
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Isaac Schreiber, from a judgment of the Supreme Court entered in the office of the clerk of the county of New York on the 13th day of September, 1906, upon the decision of the court rendered after a trial at the New York Special Term.
1Opinion of the Court
Scott, J.:
Plaintiff sues for specific performance by a vendor of a contract for the sale of real estate, or for compensatory damages, which upon the trial were stipulated to be $4,000. The court awarded plaintiff a judgment for the amount paid down on the contract and the expense of examining the title, and from this judgment plaintiff appeals. The sole question in the case is whether the evidence justified the finding that defendant was in good faith unable to comply with the contract. If it does not, the plaintiff is entitled either to performance or to compensatory damages. The contract…
2Cases cited1 opinion
- Miller v. . LeviNew York Court of Appeals · 1871
3Cited by1 opinion
- In re BalducciAppellate Division of the Supreme Court of the State of New York · 1921