Balleisen v. Schiff
Appellate Division of the Supreme Court of the State of New York
- Appeal by tlie plaintiffs, Wolf Balleisenand others, from a judgment of the Supreme Court in favor of the defendant, entered in the office of-the clerk of the county of Kings' on the 16t-h day of April, 1906, upon the decision of the court rendered after a trial at the Kings County Special Term.
1Opinion of the Court
Miller, J.:
The plaintiffs, as vendors, brought this action to compel specific performance of an executory contract of purchase and sale of real property, alleging a breach on the part of the defendant. The defendant set up a counterclaim, alleging that the plaintiffs-were in default and asking for-a return of his deposit and for damages. -On the trial the plaintiffs, having previously sold the property, withdrew their demand for specific performance, and the court, without taking any proof on the question of which party was first in default, gave the defendant judgment for the amount .of his…
2Cases cited2 opinions
- Miles v. Dover Furnace Iron Co.New York Court of Appeals · 1891
- Kranz v. LewisAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by7 opinions
- Willard v. ShekellMichigan Supreme Court · 1926
- Judnick Realty Corp. v. 32 West 32nd Street Corp.New York Court of Appeals · 1984
- Pierson v. DorffWisconsin Supreme Court · 1929
- Riley v. Cumberland & Manchseter Railway Co.Court of Appeals of Kentucky (pre-1976) · 1930
- Weddingfeld v. GregersenSupreme Court of Colorado · 1923
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