Realty Transfer Co. v. Cohn-Baer-Myers & Aronson Co.
Appellate Division of the Supreme Court of the State of New York
Appeal, by the plaintiff, the Realty Transfer Company,-from an interlocutory judgment 'of the Supreme. Court in favor of the defendant; entered in the office of the clerk of the county of Hew York-on the 4th day of Hovember, 1908, upon the decision'of the court, rendered after a trial at the Hew York Special Term, sustaining the defendant’s demurrer to the amended'complaint. The opinion of Special Term is reported in Realty Transfer Co. v. Cohn, B., M. & A. Co. (60 Misc.
Read the full summary
Appeal, by the plaintiff, the Realty Transfer Company,-from an interlocutory judgment 'of the Supreme. Court in favor of the defendant; entered in the office of the clerk of the county of Hew York-on the 4th day of Hovember, 1908, upon the decision'of the court, rendered after a trial at the Hew York Special Term, sustaining the defendant’s demurrer to the amended'complaint. The opinion of Special Term is reported in Realty Transfer Co. v. Cohn, B., M. & A. Co. (60 Misc. Rep. 623).
1Opinion of the Court
Clarke, J.:
Defendant demurred to the complaint upon the ground that causes of action were improperly united. The action is based upon a contract for the conveyance of réal estate.
In the first cause of action the plaintiff alleges that it made a contract to purchase defendant’s interest as vendee in an agreement for the sale of real estate; that to induce it to enter into that contract the defendant represented that the premises were a “ block front ” and had a frontage of not less than 219 feet 3 inches on One Hundred and Forty-first street and a frontage of not less than 217 feet' 1 inch oh…
2Cases cited9 opinions
- Byxbie v. . WoodNew York Court of Appeals · 1862
- Pryor v. . FosterNew York Court of Appeals · 1891
- Freer v. . DentonNew York Court of Appeals · 1875
- Kranz v. LewisAppellate Division of the Supreme Court of the State of New York · 1906
- Edison Electric Illuminating Co. v. Franklin H. Kalbfleisch Co.Appellate Division of the Supreme Court of the State of New York · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hills v. McKaneNew York Supreme Court · 1911
- Rodgers v. H. S. Kerbaugh, Inc.Appellate Division of the Supreme Court of the State of New York · 1916