Legal Opinion

Elwood v. Goldman

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

Decided November 12, 1913PublishedCited by 1 opinion

Motion by the defendant, Hyman Goldman, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the verdict of a jury in favor of the plaintiffs rendered by direction of the court after a trial at the Monroe Trial Term in June, 1913.

1Opinion of the Court

Lambert, J.:

The action sounds in contract. Plaintiffs were the owners of the Elwood office building in the city of Bochester. On May 9, 1912, the defendant made a formal written offer to purchase same, which offer was accepted in writing by the plaintiffs. The contract thus effected affords the basis for the litigation.

Two clauses only of the contract are pertinent to the matters involved. Such read as follows: “ If this offer is accepted, you are to furnish at your own expense, warranty deed of said premises and abstracts of and tax searches to date of transfer, showing good title and…

2Cases cited2 opinions

  1. Lathers v. . KeoghNew York Court of Appeals · 1888
  2. Equitable Life Assurance Society of United States v. ToplitzNew York Supreme Court · 1910

3Cited by1 opinion

  1. United States v. Certain Land in City of St. Louis, Mo.District Court, E.D. Missouri · 1939

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