Maier v. Rebstock
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles W. Maier, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Seneca on the 13th day .of November, 1901, changing the place of trial of the action from the ■county of Seneca, where it was brought, to the county of Erie, upon the ground that the action was brought to procure a judgment ■annulling a contract affecting an interest in real'property situate in the county of…
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Appeal by the plaintiff, Charles W. Maier, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Seneca on the 13th day .of November, 1901, changing the place of trial of the action from the ■county of Seneca, where it was brought, to the county of Erie, upon the ground that the action was brought to procure a judgment ■annulling a contract affecting an interest in real'property situate in the county of Erie, and that, therefore, under section 982 of the ■Code of Civil Procedure, Erie county was the proper county in which…
1Opinion of the Court
McLennan, J.:
In the complaint it is alleged in substance that on and prior to-January 10, 1893, the defendant was the owner of certain premises situate in the city of Buffalo and described in the complaint; that on that day, by warranty deed, the defendant conveyed the same to the plaintiff for the sum of $720, upon the express agreement upon the part of the defendant that if the plaintiff should be unable to sell the property at the end of three years at an advance sufficient to cover the purchase price and six per cent interest thereon and the necessary expenses incurred in respect to such…
2Cases cited1 opinion
- Hogg v. MackNew York Supreme Court · 1889
3Cited by4 opinions
- Abmour v. Sound Shore Front Improvement Co.New York Supreme Court · 1911
- Carlton Group, Ltd. v. Property Markets Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
- Maccabee v. LipmanNew York Supreme Court · 1946
- McNamara Realty, Inc. v. HutchinsonNew York Supreme Court · 1967