McCloat v. Floral Park Villa Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Floral Park Villa Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 14th day of December, 1916, upon the verdict of a jury rendered by direction of the court, and also from so much of an order entered in said clerk’s office on the 11th day of December, 1916, as directed a verdict in plaintiff’s favor and denied defendant’s motion for a new trial made upon the…
Read the full summary
Appeal by the defendant, Floral Park Villa Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 14th day of December, 1916, upon the verdict of a jury rendered by direction of the court, and also from so much of an order entered in said clerk’s office on the 11th day of December, 1916, as directed a verdict in plaintiff’s favor and denied defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Scott, J.:
On November 8, 1911, plaintiff agreed to buy and defendant agreed to sell two certain lots of land at Floral Park in Nassau *866county. By the contract, only portions of which are printed in the appeal book, the price was fixed at one thousand one hundred dollars, of which twenty dollars was payable on signing the contract, and the balance was to be paid in monthly installments of twenty dollars each, plaintiff paying interest meanwhile on the unpaid balances. Under the terms of the contract plaintiff had until Hay, 1916, to pay the full purchase price. He anticipated some of his…
2Cases cited2 opinions
- Taylor v. . GoeletNew York Court of Appeals · 1913
- Edlich v. GminderAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by1 opinion
- Jay Levy Associates v. Mohlenhoff & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1992