Flickinger v. . Glass
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 11,1915, unanimously affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, and stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 11,1915, unanimously affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, and stated in the opinion. Upon the transfer and delivery by Whiting to Glass of his stock of groceries and fixtures as part of the purchase price a lien on the farm resulted in his favor for the . agreed price and value thereof. (McWhorter v. Stewart, 39 App. Div. 212;…
1Opinion of the CourtCardozo, J.
This is an action to foreclose a vendee’s lien.
In October, 1910, one Glass was the owner of a farm in Erie county. He made an oral contract to sell it to one Whiting for $6,500. He was to take in part payment a stock of groceries and fixtures of the agreed value of $2,625. The contract described the farm as containing 100 acres. Before the time set for closing title, Whiting made delivery of the groceries and fixtures. He learned later that, the farm contained only 93 7 /10 acres. The deficiency, 6 3/10 acres, had been taken for railroad purposes. He'tendered full performance on his part and…
2Cases cited18 opinions
- Anvil Mining Co. v. HumbleSupreme Court of the United States · 1894
- Elterman v. . HymanNew York Court of Appeals · 1908
- Cordova v. HoodSupreme Court of the United States · 1873
- Fisher v. ShropshireSupreme Court of the United States · 1893
- Davis v. William Rosenzweig Realty Operating Co.New York Court of Appeals · 1908
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3Cited by22 opinions
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- South Carolina Federal Savings Bank v. San-A-Bel Corp.Court of Appeals of South Carolina · 1992
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