Marsh v. Johnston
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, James Johnston and another, 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 lltli day of January, 1908, upon the verdict of a jury, with notice of an intention to bring up for review an order entered in said clerk’s office on the 19th day of June, 1907, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J.:
This action is brought to recover damages for a breach of contract to convey real estate. The defendant Johnston had contracted with one "V"an Dyke for the purchase of a thirty-three-acre farm in Kings county, at an agreed price of $2,000 per acre. This contract was dated on the 27th day of September, 1904, and by its terms the title was to -be closed on the 1st day of October, 1905, with an option to Johnston to have the time of delivery of the conveyance extended one year upon tire payment of $1,000 in addition to the $1,200 which was paid upon the delivery of the contract.…
2Cases cited8 opinions
- Jacksonville, Mayport, Pablo Railway & Navigation Co. v. HooperSupreme Court of the United States · 1896
- Jones v. United StatesSupreme Court of the United States · 1878
- Ward v. Hudson River Building Co.New York Court of Appeals · 1891
- Mack v. . PatchinNew York Court of Appeals · 1870
- Pumpelly v. . PhelpsNew York Court of Appeals · 1869
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3Cited by7 opinions
- In Re the Accounting of O'DonnellNew York Court of Appeals · 1925
- Canadian Industrial Alcohol Co. v. Dunbar Molasses Co.New York Court of Appeals · 1932
- Bulkley v. Rouken Glen, Inc.Appellate Division of the Supreme Court of the State of New York · 1928
- Robbins v. ClockNew York Supreme Court · 1908
- Hughes, Inc. v. Browning, Wells & Co.Appellate Terms of the Supreme Court of New York · 1936
2 more not listed; retrieve them via the Exa API.