Buffalo Catholic Institute v. . Bitter
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 5, 1880, which affirmed a judgment in favor of defendants, entered upon an order sustaining a demurrer to plaintiff’s complaint.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 5, 1880, which affirmed a judgment in favor of defendants, entered upon an order sustaining a demurrer to plaintiff’s complaint. The action was brought originally against Henry Weisser, defendant’s intestate, and was for a specific performance of a contract. ' The complaint alleged, in substance, that on October 8, 1812, Weisser, who was the owner of certain premises, “ by an instrument under his hand and seal, agreed to sell and convey to the plaintiff, The…
1Opinion of the Court
Andrews, Ch. J.
We think tiffs case was well decided upon the ground stated in the opinion of Daniels, J., at Special Term. The contract of sale was between Weisser, and Fornes. It commences, “ Article of agreement between Henry Weisser of the first part, and Charles Y. Fomes, president, of the second part,” and is signed and sealed by the parties, Fornes, adding to his signature the words “ president of Buffalo Catholic Institute.” The contract contains a provision that it is made on condition “ that the Buffalo Catholic Institute will accept and approve of this purchase, and its terms and…
2Cases cited2 opinions
- Kinnier v. . KinnierNew York Court of Appeals · 1871
- United States v. AmesSupreme Court of the United States · 1879
3Cited by32 opinions
- Greeff v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1899
- Kittinger v. . Buffalo Traction Co.New York Court of Appeals · 1899
- Cooper v. Ft. Smith & W. R. Co.Supreme Court of Oklahoma · 1909
- Red Robin Stores, Inc. v. RoseAppellate Division of the Supreme Court of the State of New York · 1948
- Mallinckrodt Chemical Works v. NemnichSupreme Court of Missouri · 1902
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