Adams v. . Gillig
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 19, 1909, affirming a judgment in favor of plaintiff entered upon the report-of a referee. The defendant Gillig is the person to whom the deed hereinafter mentioned was given.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 19, 1909, affirming a judgment in favor of plaintiff entered upon the report-of a referee. The defendant Gillig is the person to whom the deed hereinafter mentioned was given. The defendants Frank 0. Keinpf and Nicholas Kempf are contractors, who, at the time of the commencement of this action, were under contract with the defendant Gillig to do certain work upon the real property described in said deed. When the defendant is hereinafter referred to, the defendant Gillig is…
1Opinion of the CourtChase, J.
Any contract induced by fraud as to a matter material to the party defrauded is voidable. There are many rules as to what constitutes an inducement by fraud, and also affecting the general statement that any contract will be set aside for fraud, that have been established as necessary to protect the rights of all the parties to a contract, which need not be stated in this discussion, except so far as they affect the particular transaction under consideration.
It may be assumed that promises of future action that are a part of the contract between the parties, to' be binding upon them, must be…
2Cases cited11 opinions
- Ball v. State of New YorkNew York Court of Appeals · 1977
- Freeman v. . FreemanNew York Court of Appeals · 1870
- Gage v. LewisIllinois Supreme Court · 1873
- Kley v. . HealyNew York Court of Appeals · 1891
- Wilson v. . DeenNew York Court of Appeals · 1878
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3Cited by170 opinions
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- Channel Master Corp. v. Aluminium Limited Sales, Inc.New York Court of Appeals · 1958
- Brown v. LockwoodAppellate Division of the Supreme Court of the State of New York · 1980
- Rudman v. Cowles Communications, Inc.New York Court of Appeals · 1972
- Sabo v. DelmanNew York Court of Appeals · 1957
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