Groves v. Warren
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George W. Groves, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Tioga on the 6th day of October, 1916, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case. On December 10, 1915, the plaintiff as party of the first part made a written contract with the defendant as party of the second part to said contract.
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Appeal by the plaintiff, George W. Groves, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Tioga on the 6th day of October, 1916, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case. On December 10, 1915, the plaintiff as party of the first part made a written contract with the defendant as party of the second part to said contract. The defendant was a retail shoe merchant in Waverly, N. Y. The contract contained the following provisions: “ Party of first part agrees to and by this…
1Opinion of the Court
Cochrane, J.:
The contract was executory and title to the property had not vested in the plaintiff. Although the contract uses the words “ party of first part agrees to and by this contract does purchase of party of second part,” that language does not necessarily import an executed contract but must be construed in connection with the rest of the contract taken as a whole and such construction placed thereon as is required by the entire instrument. (Anderson v. Read, 106 N. Y. 333, 344.)
In Empire State Type Founding Company v. Grant (114 N. Y. 40) it was said: “ It is too well settled to…
2Cases cited4 opinions
- Empire State Type Founding Co. v. GrantNew York Court of Appeals · 1889
- Anderson v. . ReadNew York Court of Appeals · 1887
- Fennikoh v. GunnAppellate Division of the Supreme Court of the State of New York · 1901
- Schryer v. FentonAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- Bykle v. District Court of Watonwan CountySupreme Court of Minnesota · 1918