Wadick v. . MacE
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 19, 1907, reversing a judgment in favor of defendants’ testatrix entered upon a dismissal of the complaint by the court on trial at Special Term and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 19, 1907, reversing a judgment in favor of defendants’ testatrix entered upon a dismissal of the complaint by the court on trial at Special Term and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court was right in refusing to grant specific performance, inasmuch as the agreement set forth in the complaint was incomplete. (Mayer v. McCreery, 119 N. Y. 434; Cooley v. Lobdell, 153 N. Y. 566; Wright v. Weeks, 25…
1Opinion of the CourtWillard Bartlett, J.
This is a suit by the vendee in a contract for the sale of land to enforce the specific performance of that contract.
The contract was made between Malinda Gr. Mace, party of the first part, and Arthur H. Wadiek, party of the second part; and the party of the first part thereby agreed to sell to the party of the second part “ All that certain tract of land, situate, lying and being in what was formerly the Town of Westchester, County of Westchester and State of New York, but now a part of 'the Twenty-fourth Ward, Borough of the Bronx, City, County and State of New York, and known as the most…
2Cases cited6 opinions
- Marble Co. v. RipleySupreme Court of the United States · 1870
- Stanton v. SingletonCalifornia Supreme Court · 1899
- Mahaney v. . CarrNew York Court of Appeals · 1903
- Stokes v. . StokesNew York Court of Appeals · 1896
- Ide v. . BrownNew York Court of Appeals · 1904
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3Cited by33 opinions
- Epstein v. . GluckinNew York Court of Appeals · 1922
- Mutual Life Ins. Co. v. . StephensNew York Court of Appeals · 1915
- People Ex Rel. New York Edison Co. v. WillcoxNew York Court of Appeals · 1912
- Levin v. . DietzNew York Court of Appeals · 1909
- Schlesinger v. QuintoAppellate Division of the Supreme Court of the State of New York · 1922
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