Legal Opinion

King v. Mott

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1899PublishedCited by 1 opinion

Appeal by the defendant, Philander Mott, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Ontario on the 23d day of February, 1898, upon the verdict of a jury, for §319.59, and also from an order entered in said clerk’s office on the 25th day of February, 1898, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Hardin, P. J.:

This action was commenced on the 31st day of June, 189Y. In the plaintiff’s complaint it is alleged that on the 19th of January, 1892, in the town of Phelps, he purchased of the defendant his farm situated in that town for the agreed price of §3,000. “ That the

defendant, at the time of said purchase, and as an inducement thereto, stated and represented to plaintiff that said farm contained forty-four acres of land, whereas, in truth and in fact, said farm contained only forty acres of land.” The complaint alleges that the defendant when he made the statement and representation…

2Cases cited3 opinions

  1. Vail v. . ReynoldsNew York Court of Appeals · 1890
  2. Krumm v. . BeachNew York Court of Appeals · 1884
  3. Wessels v. CarrAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by1 opinion

  1. Ettlinger v. WeilAppellate Division of the Supreme Court of the State of New York · 1904

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