Legal Opinion

Steinhardt v. . Baker

New York Court of Appeals

Decided June 12, 1900PublishedCited by 14 opinions

Appeal from a judgment of the Appellate Division of the ¡•Supreme Court in the first judicial department, entered February 1, 1898, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term, without prejudice to the rights of the plaintiffs in any other form of action. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from a judgment of the Appellate Division of the ¡•Supreme Court in the first judicial department, entered February 1, 1898, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term, without prejudice to the rights of the plaintiffs in any other form of action. The nature of the action and the facts, so far as material, are stated in the opinion. The title is fatally defective because the infants owning the equity of redemption were never properly served with a summons. The statute of 1853, under which the substituted…

1Opinion of the CourtMartin, J.

The action, when commenced, was by a vendee of real estate to compel the vendor to specifically perform a contract entered into between them, or in case it could not he performed to recover the amount paid thereon, with damages for its breach.

On Hovember 8, 1895, the parties entered into a contract by which the defendant agreed to sell, and the plaintiff’s testator to purchase, certain real estate in the city of Hew York for the price of sixty-five thousand dollars, the testator paying two thousand dollars to apply thereon. On January 13, 1896, the time ultimately fixed for the completion of…

2Cases cited4 opinions

  1. Foot v. StevensNew York Supreme Court · 1837
  2. Morrison v. . Erie Railway Co.New York Court of Appeals · 1874
  3. Smith v. . Central Trust Co.New York Court of Appeals · 1897
  4. Edsall v. Camden and Amboy Railroad and TransportationNew York Court of Appeals · 1872

3Cited by14 opinions

  1. Maxton Builders, Inc. v. Lo GalboNew York Court of Appeals · 1986
  2. Cooper v. BosseAppellate Division of the Supreme Court of the State of New York · 1981
  3. People v. . WashorNew York Court of Appeals · 1909
  4. Hiser v. . DavisNew York Court of Appeals · 1922
  5. Air Conditioning Training Corp. v. PirroteAppellate Division of the Supreme Court of the State of New York · 1946

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