Legal Opinion

Ackerman v. . Rubens

New York Court of Appeals

Decided June 11, 1901PublishedCited by 26 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 22,1899, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. On the 28th of July, 1897, at the city of New York, the plaintiff sold his yacht Jola to the defendant for the sum of $2,250, by an executory contract which impliedly provided that the title should not pass until the purchase price should have been fully paid.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 22,1899, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. On the 28th of July, 1897, at the city of New York, the plaintiff sold his yacht Jola to the defendant for the sum of $2,250, by an executory contract which impliedly provided that the title should not pass until the purchase price should have been fully paid. The defendant refused to complete his purchase, whereupon the plaintiff gave him written notice that he should sell the…

1Opinion of the CourtVann, J.

When the vendee of personal property, under an executory contract of sale, refuses to complete his purchase, i the vendor may keep the article for him and sue for the entire purchase price ; or he may keep the property as his own and sue for the difference between the market value and the contract price; or he may sell the property for the highest sum he can get, and after crediting the net amount received, sue for the balance of the purchase money. (Moore v. Potter, 155 N. Y. 481; Dustan v. McAndrew, 44 N. Y. 72.)

While the courts below recognized this rule they did not apply it, for they…

2Cases cited3 opinions

  1. Dustan v. . McAndrewNew York Court of Appeals · 1870
  2. Van Brocklen v. . SmeallieNew York Court of Appeals · 1893
  3. Moore v. . PotterNew York Court of Appeals · 1898

3Cited by26 opinions

  1. Agar v. OrdaNew York Court of Appeals · 1934
  2. Manhattan Taxi Service Corp. v. Checker Cab Manufacturing Corp.New York Court of Appeals · 1930
  3. George v. LaneSupreme Court of Kansas · 1908
  4. Agar v. OrdaNew York Supreme Court · 1932
  5. Gourd v. . HealyNew York Court of Appeals · 1912

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