Pounds v. Egbert
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, George W. Egbert and another, from an interlocutory judgment of thé Supreme Court in favor of .the plaintiff, entered in the office of the clerk of the eotinty of Kings on the 5th day of .June, 1906, upon the decision of the court rendered after a trial at.the Kings County Special Term.
1Opinion of the Court
Miller, J.:
This ease is not free from difficulty, because of inconsistencies between the two theories upon which the plaintiff seeks to sustain the judgment. The plaintiff alleges that he entered into copartnership with the defendant George W. Egbert for the purpose of purchasing, developing and selling an unimproved tract of land referred to in the record as the “ Ditmás tract; ” that the purchase price in excess of the amount raised by mortgage was contributed by said defendant and the title was taken in the name of the defendant Virginia L. Egbert pursuant to an agreement between the…
2Cases cited7 opinions
- Ryan v. . DoxNew York Court of Appeals · 1866
- Chester v. . DickersonNew York Court of Appeals · 1873
- Cooley v. . LobdellNew York Court of Appeals · 1897
- Canda v. . TottenNew York Court of Appeals · 1898
- Miller v. . BallNew York Court of Appeals · 1876
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