Levin v. Dietz
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James E. Dietz, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk .of the county of Kings on the 11th day of April, 1904, upon the decision of the court, rendered after a trial at the Kings County Special Term, directing the specific performance of a contract for the conveyance of real estate.
1Opinion of the Court
Jenks, J.:
The action is for specific performance of a contract to convey real estate. When the plaintiffs closed their case the defendant moved to amend his answer by pleading the Statute of Frauds, but the motion was denied. Then the defendant moved to dismiss the complaint on the ground that the paper in evidence was not a contract within that statute. Upon the denial of that motion the defendant offered evidence. The court made findings, and judgment for the plaintiffs was thereon entered.
The court found: “ Second: * * * that defendant made a contract to sell the premises described in the…
2Cases cited11 opinions
- Benedict v. . ArnouxNew York Court of Appeals · 1898
- Worrall v. . MunnNew York Court of Appeals · 1851
- Ward v. . HasbrouckNew York Court of Appeals · 1902
- Brauer v. . Oceanic Steam Navigation Co.New York Court of Appeals · 1904
- Tallman v. . FranklinNew York Court of Appeals · 1856
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Marks v. . CowdinNew York Court of Appeals · 1919
- Continental Securities Co. v. BelmontNew York Supreme Court · 1913
- Polhemus v. PolhemusAppellate Division of the Supreme Court of the State of New York · 1906
- Morrison v. BrenmohlAppellate Division of the Supreme Court of the State of New York · 1910
- Levin v. DietzNew York Supreme Court · 1905
1 more not listed; retrieve them via the Exa API.