Castle v. Armstead
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Walter L. Castle and another, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 30th day of November, 1914, dismissing the complaint upon the merits upon the decision of the court after a trial at the "Kings County Trial Term, a jury having been waived; also, as stated in the notice of appeal, an appeal is taken from the decision pursuant to which the judgment was entered.
1Opinion of the Court
Thomas, J.:
The question is whether a vendee, who has possession of premises pursuant to a contract of purchase, is liable to the owner for the value of the use and occupation if he rescind the contract and by suit recover a payment, in this instance $500, made upon the execution of the contract. The record does not disclose the ground of the rescission, but it is indicated that the vendor -unwillingly returned the first installment of purchase money and that he was afforded an opportunity to contest the right to rescind. The day for closing was September 13, 1910, and the possession continued…
2Cases cited13 opinions
- Smith v. StewartNew York Supreme Court · 1810
- Mattox v. HightshueIndiana Supreme Court · 1872
- Preston v. . HawleyNew York Court of Appeals · 1893
- Bancroft v. WardwellNew York Supreme Court · 1816
- Vider v. FergusonAppellate Court of Illinois · 1900
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Reads Co., LLC v. KatzAppellate Division of the Supreme Court of the State of New York · 2010
- United Security Corp. v. SuchmanNew York Court of Appeals · 1954
- Geist v. StateNew York Court of Claims · 1956
- City of New York v. FinkNew York Supreme Court · 1927
- Rand Products Co. v. MintzCivil Court of the City of New York · 1972
8 more not listed; retrieve them via the Exa API.