Delany v. Van Derveer
City of New York Municipal Court
Appeal from trial .term. Action by William H. Delany against John B. Van Derveer. The complaint alleged that defendant agreed to deliver to plaintiff 10 shares of stock in the American Baking Powder Company for $400; that pursuant to this agreement plaintiff paid the purchase price, $400, and thereafter demanded his stock, which defendant refused to deliver.
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Appeal from trial .term. Action by William H. Delany against John B. Van Derveer. The complaint alleged that defendant agreed to deliver to plaintiff 10 shares of stock in the American Baking Powder Company for $400; that pursuant to this agreement plaintiff paid the purchase price, $400, and thereafter demanded his stock, which defendant refused to deliver. Defendant pleaded that the purchase price was $500; that the $400 referred to by plaintiff was a payment on account; and that defendant was at all times willing to deliver the stock on receiving $100,—the balance of the purchase money.…
1Per curiam
The plaintiff’s own evidence showed that the contract to purchase was for 10 shares at $50 a share, aggregating $500, and that the $400 paid was not in full, but on account. The plaintiff’s evidence fails to ■show that any specific time for the delivery of the stock was fixed, or that there was any unconditional refusal to deliver it. Ho new agreement was made by which the price was reduced to $400. Ho tender of the $100 was made, and nothing was proved which put the defendant in default. There was nothing on which the trial judge was authorized to submit to the jury the question whether $400…
2Cited by2 opinions
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