Small v. Ciao Stables, Inc.
Court of Appeals of Maryland
1Opinion of the CourtRodowsky, J.
In this case we hold, applying New York law, that partially disclosed principals, who sold a race horse through an agent-auctioneer, are barred from suing the buyer for the purchase price by the rescission of the sales contract adjudged by a New York court in the buyer’s action against the auctioneer, of which the sellers had actual knowledge but to which they were not parties.
Appellants, Douglas R. Small, Jr. and Susan C. Small (the Smalls), residents of Pennsylvania, on March 28, 1977 executed a consignment contract with Fasig-Tipton Co., Inc. (Fasig) of Elmont, Long Island, New York. 1…
2Cases cited29 opinions
- Hansberry v. LeeSupreme Court of the United States · 1940
- Schwartz v. Public AdministratorNew York Court of Appeals · 1969
- Gramatan Home Investors Corp. v. LopezNew York Court of Appeals · 1979
- Israel v. Wood Dolson Co.New York Court of Appeals · 1956
- Good Health Dairy Products Corp. v. EmeryNew York Court of Appeals · 1937
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- Weinberg v. Johns-Manville Sales Corp.Court of Appeals of Maryland · 1984
- Grinder v. Bryans Road Building & Supply Co.Court of Appeals of Maryland · 1981
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