Ziehen v. Smith
New York County Courts
Action by Ziehen against David J. Smith and John J. Smith to recover money paid by plaintiff on a contract for the purchase of land. There was a verdict for plaintiff, and defendants move for a new trial.
1Opinion of the CourtWeiant, J.
On August 10, 1892, the defendant David J. Smith, by John J. Smith, his agent, and codefendant in this action, entered into a written contract, whereby he agreed to sell to the plaintiff in this action a parcel of real property therein described *923for the consideration of $3,500, which, was to be paid and secured as follows: $500 cash upon the execution of the contract; . $300 cash on the 15th day of September, 1892; to assume a mortgage of $1,000 then upon the property;, and for the balance of $1,700 the plaintiff was to give the vendor his bond and mortgage upon the said premises, payable on…
2Cases cited10 opinions
- Bogardus v. . New York Life Ins. Co.New York Court of Appeals · 1886
- Bigler v. . MorganNew York Court of Appeals · 1879
- Burwell v. . JacksonNew York Court of Appeals · 1854
- Fuller v. HubbardNew York Supreme Court · 1826
- Hartley v. . JamesNew York Court of Appeals · 1872
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