Legal Opinion

Firenzo v. Baxter

Appellate Division of the Supreme Court of the State of New York

Decided December 28, 1943PublishedCited by 2 opinions

1Opinion of the Court

This action is for specific performance or in the alternative for damages. On May 5, 1938, plaintiff entered into a contract with defendants whereby they agreed to convey to her a farm containing 135 acres in exchange for a piece of prop*800erty owned by her. Later mutual deeds of the respective properties were exchanged. Thereafter plaintiff discovered that the land conveyed to her consisted of not 135 acres but of 92 acres. Thereupon she instituted this-action. The testimony shows that the value of the land was $20 an acre. The court awarded plaintiff a judgment for $860, being at the rate of…

2Cases cited2 opinions

  1. Paine v. . UptonNew York Court of Appeals · 1882
  2. Mills v. . KampfeNew York Court of Appeals · 1911

3Cited by2 opinions

  1. Shufelt v. BulfamanteAppellate Division of the Supreme Court of the State of New York · 2012
  2. Rose v. WoodNew York Supreme Court · 1957

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