Ryder v. Jenny
The Superior Court of New York City
Exceptions ordered to be heard in the first instance, ait a general term. The complaint alleged that on the 18th day of J anuary, 1842, the plaintiff, being seised and possessed of a leasehold estate in certain premises situate in the seventh ward of the city of New York, particularly described, he, the plaintiff, by an indenture of lease, bearing date that day, executed and delivered by and between him, the said plaintiff, of the one part, and one Abraham Meserole of the…
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Exceptions ordered to be heard in the first instance, ait a general term. The complaint alleged that on the 18th day of J anuary, 1842, the plaintiff, being seised and possessed of a leasehold estate in certain premises situate in the seventh ward of the city of New York, particularly described, he, the plaintiff, by an indenture of lease, bearing date that day, executed and delivered by and between him, the said plaintiff, of the one part, and one Abraham Meserole of the other part, did, in consideration of the sum of $6450, and also, in consideration of the rents, covenants and agreements…
1Opinion of the Court
By the Court,
Robertson, Ch. J.
This court has recently, in an action brought to recover on a contract for the sale of land, held that the relief demanded in the summons and complaint determines the character of the action, so that a prayer for damages exclusively, prevents a judgment for specific performance, notwithstanding the complaint contains facts sufficient to warrant it. (Fowle v. Jones, 1 Rob. 84.) As the relief demanded in the complaint in this action is for a sum of money only, it becomes immaterial whether a case for spe*66cine performance is made out or not. The sole cause of action,…
2Cases cited5 opinions
- Burwell v. . JacksonNew York Court of Appeals · 1854
- Piggot v. MasonNew York Court of Chancery · 1829
- Van Eps v. Mayor of SchenectadyNew York Supreme Court · 1815
- Owen v. BoerumNew York Supreme Court · 1856
- Borrowe v. MilbankThe Superior Court of New York City · 1857
3Cited by6 opinions
- Day v. . HammondNew York Court of Appeals · 1874
- Maxwell v. LeesonWest Virginia Supreme Court · 1901
- Paine v. TutwilerSupreme Court of Virginia · 1876
- Paine v. TutwilerSupreme Court of Virginia · 1876
- Paine v. TutwilerSupreme Court of Virginia · 1876
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