Tice v. . Zinsser
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, in favor of plaintiff, entered upon, an order reversing a judgment in favor of defendant, and directing judgment for plaintiff. (Reported below, 13 Hun, 366.) This action was brought to recover back a payment of $1,000 made upon a contract under seal for the sale by defendant and purchase by plaintiff of certain real estate.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, in favor of plaintiff, entered upon, an order reversing a judgment in favor of defendant, and directing judgment for plaintiff. (Reported below, 13 Hun, 366.) This action was brought to recover back a payment of $1,000 made upon a contract under seal for the sale by defendant and purchase by plaintiff of certain real estate. The plaintiff took possession, but subsequently an instrument, of which the following is a copy, was indorsed upon the contract, and executed under the hands and seals of the…
1Opinion of the CourtMiller, J.
At the time of the execution of the contract between the plaintiff and the defendant for the sale of the real estate described therein, the plaintiff' paid the defendant, towards the consideration money, as provided, the sum of $1,000. Ho deed of the property was executed and delivered to the plaintiff, and in October following, the defendant executed to the plaintiff a Avriting, by Avhich he surrendered all right, title and interest, under and by virtue of the agreement, to the plaintiff, and agreed that the same be canceled and' should be of no effect from date. A duplicate of the same…
2Cases cited2 opinions
- Gillet v. MaynardNew York Supreme Court · 1809
- Utter v. StuartNew York Supreme Court · 1858
3Cited by9 opinions
- Graves v. . WhiteNew York Court of Appeals · 1882
- Sonnesyn v. AkinNorth Dakota Supreme Court · 1905
- Wood v. JamesSupreme Court of Vermont · 1918
- Staebell v. BennieAppellate Division of the Supreme Court of the State of New York · 1981
- Harris v. . HiscockNew York Court of Appeals · 1883
4 more not listed; retrieve them via the Exa API.