Lichtenstein v. Case
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mary Augusta Mott, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 28th day of January, 1904, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 28th day of January, 1904, denying the said defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
We think that there was evidence sufficient to require the submission of the defendant’s good faith to the jury, and that as the learned court withdrew that question from it there must be a new trial. The authority of the plaintiff was to sell the property for $105,000 or more. Mr. Bailey, of the Realty Associates, testifies that Mr. Jonas had offered the property to the associates for $110,000, and that he replied that they would take it provided the terms were satisfactory, as there were questions of title involved that wanted straightening out before they bought it. Mr. Burdick,…
2Cases cited2 opinions
- Murray v. . BeardNew York Court of Appeals · 1886
- Brown v. BarseAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- Greenfield v. BauschAppellate Division of the Supreme Court of the State of New York · 1933