Legal Opinion
Agar v. Orda
New York Court of Appeals
Decided April 17, 1934PublishedCited by 56 opinions
1Opinion of the CourtLehman, J.
An action to recover the purchase price of 200 shares of stock has been dismissed. The contract of purchase and sale was executory. The buyer refused to accept delivery of the certificates when tendered.
The Sales Act (Article V of the Personal Property Law [Cons. Laws, ch. 41]) provides: “ Where, under a contract to sell or a sale, the property in the goods has passed to the buyer, and the buyer wrongfully neglects or refuses to pay for the goods according to the terms of the contract or the sale, the seller may maintain an action against him for the price of the goods.” (§ 144.) Even before…
2Cases cited8 opinions
- Hutchison v. RossNew York Court of Appeals · 1933
- Pierpoint v. HoytNew York Court of Appeals · 1932
- Van Brocklen v. . SmeallieNew York Court of Appeals · 1893
- Hayden v. . DemetsNew York Court of Appeals · 1873
- Mason v. . DeckerNew York Court of Appeals · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Thyroff v. Nationwide Mutual Insurance CompanyCourt of Appeals for the Second Circuit · 2006
- Thyroff v. Nationwide Mutual InsuranceNew York Court of Appeals · 2007
- Eberhard v. MarcuCourt of Appeals for the Second Circuit · 2008
- Hertz Commercial Leasing Corp. v. Transportation Credit Clearing House, Inc.Civil Court of the City of New York · 1969
- Horn Waterproofing Corp. v. Bushwick Iron & Steel Co.New York Court of Appeals · 1985
51 more not listed; retrieve them via the Exa API.