Duckwitz v. Fuller
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Ferdinand H. Duckwitz, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of ¡Niagara on the 10th day of January, 1896, upon a dismissal of the complaint directed by the court after a. trial at a Trial Term thereof before the court without a jury.
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Appeal by the plaintiff, Ferdinand H. Duckwitz, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of ¡Niagara on the 10th day of January, 1896, upon a dismissal of the complaint directed by the court after a. trial at a Trial Term thereof before the court without a jury. The court found as conclusion of law as follows: “ That the motion of the defendant to dismiss the complaint of the plaintiff herein upon the pleadings herein should he granted, and that judgment should be entered herein in favor of the defendant and against the…
1Opinion of the Court
Hardin, P. J.:
Inasmuch as no exception appears .in the appeal book the appellant is not in a situation to review any ruling made during the trial, or the decision made by the trial court.
By the plaintiff’s complaint it appears that one Frederika Beitz, on the 19th of Hay, 1892, entered into a contract with the defend*374ant Fuller whereby she, in consideration of $500 and of certain other considerations mentioned in .the contract, agreed to sell to the defendant Fuller a tract of land in the town of Wheatfield containing fifty acres of land, be the same more or less, which was described,…
2Cited by1 opinion
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