Legal Opinion

Oppenheim v. McGovern

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

Decided October 19, 1906PublishedCited by 5 opinions

Appeal by the defendant, John McGovern, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 19th day of January, 1906.

1Opinion of the Court

Clarke, J.:

This is an appeal from a judgment for the plaintiff entered upon a decision of a .court at Trial Term, a jury having been waived.

The action was brought to recover back the suto of $1,500 paid by the plaintiff to the defendant upon a contract for the purchase and sale of real estate, ' " '

The sum sued for was the amount paid on the signing and deliv-^ ery of the contract, which provided for the sale by the defendant to the plaintiff of. a certain lot in the borough of The Bronx. The contract provided, among other things/as follows: {<The vendee agrees to take said ■ property and. to…

2Cases cited2 opinions

  1. Riggs v. . PursellNew York Court of Appeals · 1876
  2. Feltenstein v. ErnstAppellate Terms of the Supreme Court of New York · 1906

3Cited by5 opinions

  1. Ansorge v. BelferNew York Court of Appeals · 1928
  2. Feist v. BlockAppellate Division of the Supreme Court of the State of New York · 1906
  3. Groden v. JacobsonAppellate Division of the Supreme Court of the State of New York · 1908
  4. Schiff v. Bookmar Construction Co.New York Supreme Court · 1923
  5. Frank v. FrankAppellate Division of the Supreme Court of the State of New York · 1908

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