Weigel v. . Cook
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 17,1923, modifying and affirming as modified • a judgment in favor of plaintiffs entered upon a decision of the court at a Trial Term after the submission of certain questions to a jury. Plaintiffs attempted to rescind purchase only in part. This they could not do for they must rescind in toto or not at all.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 17,1923, modifying and affirming as modified • a judgment in favor of plaintiffs entered upon a decision of the court at a Trial Term after the submission of certain questions to a jury. Plaintiffs attempted to rescind purchase only in part. This they could not do for they must rescind in toto or not at all. (Duff v. Hutchinson, 57 Hun, 152; Vail v. Reynolds, 118 N. Y. 302; Cox v. Stokes, 156 N. Y. 507; Walrath v. Hanover F. Ins. Co., 216 N. Y. 225; Gettins v. Boyle, 184 App.…
1Opinion of the CourtCrane, J.
The findings of fact in this case have been unanimously affirmed so that in reviewing it we cannot look beyond the findings and those made at the request of the appellants. The findings disclose that in the month of January, 1919, the defendant Leslie Cook was the owner in fee of certain real estate consisting of about five acres of land, together with the buildings thereon, situate in the town of Wilton, Saratoga county, New York. On the premises were two certain springs or wells of mineral water known as.the Gurn and Crystal Rock springs,, together with certain machinery owned by said…
2Cases cited6 opinions
- Vail v. . ReynoldsNew York Court of Appeals · 1890
- Allerton v. . AllertonNew York Court of Appeals · 1872
- Davis v. William Rosenzweig Realty Operating Co.New York Court of Appeals · 1908
- Park v. Richardson & Boynton Co.Wisconsin Supreme Court · 1892
- Gilmore v. WilliamsMassachusetts Supreme Judicial Court · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Sager v. FriedmanNew York Court of Appeals · 1936
- Seneca Wire & Manufacturing Co. v. A. B. Leach & Co.New York Court of Appeals · 1928
- Brennan v. National Equitable Investment Co.New York Court of Appeals · 1928
- Cooper v. Hallgarten & Co.District Court, S.D. New York · 1964
- D.C. Films, Inc. v. Best Film & Video Corp. (In Re Best Film & Video Corp.)United States Bankruptcy Court, E.D. New York · 1985
26 more not listed; retrieve them via the Exa API.