Polucek v. Jahoda
Appellate Division of the Supreme Court of the State of New York
APPEAL by the plaintiff, Michael Polucek, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Queens on the 23d day of March, 1921, upon the decision of the court, rendered after a trial at the Queens Special Term, dismissing the complaint on the merits.
1Opinion of the Court
BLACKMAR, P. J.:
The complaint declares upon a written contract whereby the defendants agreed to sell to the plaintiff certain premises for the sum of $8,500, on account of which the plaintiff paid $150.
The only writing introduced in evidence upon the trial was as follows:
"April 12, 1920.
"Received from Mr. Polucek deposit one hundred fifty ($150)
for house sold eight thousand five hundred ($8,500).
"30 Hoyt Ave.,
"ANTON JAHODA. "Long Island City,
"MARIE JAHODA. "New York."
Evidently this is not a written contract. It is a receipt for money. Being subscribed by the vendor, and expressing the…
2Cases cited1 opinion
- De Goode v. BurtonAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by7 opinions
- Dawson v. MargoliesNew York Supreme Court · 1925
- I. B. Kleinert Rubber Co. v. WoodAppellate Division of the Supreme Court of the State of New York · 1927
- Marat Corp. v. AbramsAppellate Division of the Supreme Court of the State of New York · 1964
- Battin v. Merchants State BankSupreme Court of Iowa · 1926
- Lichtman v. MazzeoNew York Supreme Court · 1947
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