Legal Opinion

Krekeler v. Aulbach

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1900PublishedCited by 4 opinions

Appeal by the plaintiff, Thomas Krekeler, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 24th day of November, 1899, upon the decision of the court, rendered after, a trial at the New York Special Term, dismissing the complaint Upon the merits., -

1Opinion of the Court

Hatch, J.:

On June .30, 1897, the defendant and one Bertha Racka entered into a written agreement by which the defendant agreed to’ sell to Racka a house and lot, No. 408 East Eleventh street. Racka' paid *592$500 on the contract and thereafter assigned her interest therein to the plaintiff,

The defendant, pursuant to the terms of the contract, tendered to the assignee of -the contract a deed of the premises with -a demand that he fulfill the terms thereof. The plaintiff refused to perform and subsequently brought this action in equity for the amount of the purchase price which had been paid .upon…

2Cases cited6 opinions

  1. Post v. . WeilNew York Court of Appeals · 1889
  2. Smith v. . RobertsNew York Court of Appeals · 1883
  3. Curtis v. . MooreNew York Court of Appeals · 1897
  4. Champney v. . CoopeNew York Court of Appeals · 1865
  5. Avery v. N. Y. C. & H. R. RailroadNew York Court of Appeals · 1887

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Berryman v. Hotel Savoy CompanyCalifornia Supreme Court · 1911
  2. In re the Accounting of NochomovNew York Surrogate's Court · 1954
  3. 2301 Jerome Avenue Realty Corp. v. Di PaoloNew York Supreme Court · 2002
  4. McLean v. F. W. Woolworth Co.Appellate Division of the Supreme Court of the State of New York · 1923

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