Brinckerhoff v. Phelps
New York Supreme Court
THE question in this case arises upon a verdict for the plaintiff subject to the opinion of the court at a general term, directed by Mr. Justice Hogeboom, at the Albany circuit, in November, 1863. The cause was first tried before •Justice Harris, who held that the plaintiff was not entitled to the value of the land above the contract price,.but only to reimbursement of the amount paid. The judgment was reversed on appeal.
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THE question in this case arises upon a verdict for the plaintiff subject to the opinion of the court at a general term, directed by Mr. Justice Hogeboom, at the Albany circuit, in November, 1863. The cause was first tried before •Justice Harris, who held that the plaintiff was not entitled to the value of the land above the contract price,.but only to reimbursement of the amount paid. The judgment was reversed on appeal. (See 24 Barb. 100.) The action was brought to recover damages for an alleged breach by the defendant of a contract, to convey to the plaintiff certain lands in the county of…
1Opinion of the Court
By the Court,
Miller, J.
Upon the former trial of this cause it was decided at the circuit that the plaintiff was not entitled to recover any thing beyond the' amount paid by her to the defendant, at the time of the execution of the agreement, with the interest. This was held to be erroneous, by the general term, upon appeal, and the rule of damages was decided to be the value of the land at the time of the breach, and interest from that time. The learned judge who wrote *472the opinion placed his decision xipon the ground that the defendant either made a contract, which he knew he had no right to…
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