Lawrence v. . Miller
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the Supreme Court, in the second judicial department, entered upon an order made December 8, 1879, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. This action was brought by plaintiff, as assignee of Henry H. Lawrence, to recover back the sum of $2,000, paid by the latter upon a contract, the substance of which and the material facts are set forth in the opinion.
Read the full summary
Appeal from judgment of the G-eneral Term of the Supreme Court, in the second judicial department, entered upon an order made December 8, 1879, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. This action was brought by plaintiff, as assignee of Henry H. Lawrence, to recover back the sum of $2,000, paid by the latter upon a contract, the substance of which and the material facts are set forth in the opinion. When the defendant announced his positive refusal to convey after Hay 1, he rescinded the' contract;. such rescission was…
1Opinion of the Court
Folger, Ch. J.
The plaintiff is the assignee, of the vendee in a contract' in writing and under seal for the purchase of lands. The contract called for the payment by the vendee, of the sum of $2,000 on the day of. the making of it, and that sum the vendee then paid. There is no time or place named in the contract, for the performance by either party of any other part of the agreement, though the vendee was to make further considerable payment of money, and to give a bond with a mortgage on the lands; and the vendor was to give a deed for them. The parties met, however, on the 1st day of…
2Cases cited11 opinions
- Carman v. . PultzNew York Court of Appeals · 1860
- Beecher v. . ConradtNew York Court of Appeals · 1855
- Havens v. . PattersonNew York Court of Appeals · 1870
- Bakeman v. PoolerNew York Supreme Court · 1836
- Leaird v. . SmithNew York Court of Appeals · 1871
6 more not listed; retrieve them via the Exa API.
3Cited by127 opinions
- Maxton Builders, Inc. v. Lo GalboNew York Court of Appeals · 1986
- Chateau D' If Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996
- Rachmani Corp. v. 9 East 96th Street Apartment Corp.Appellate Division of the Supreme Court of the State of New York · 1995
- Sanders v. BrockSupreme Court of Pennsylvania · 1911
- Bean v. WalkerAppellate Division of the Supreme Court of the State of New York · 1983
122 more not listed; retrieve them via the Exa API.