Place v. Dudley
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, George W. Place, for a new trial iqion a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, upon the dismissal of the complaint, by direction of the court, after a trial before the court and a jury at the Hew York Trial Term.
1Opinion of the Court
Patterson, J.:
This action, brought by the assignee of a vendee against a vendor, is, in form, to recover damages for an alleged breach of a contract for the sale of land. The complaint was dismissed on the trial, and exceptions were ordered to be heard, in the first instance, at the Appellate Division. Both parties stand upon their strict technical legal rights, and the proofs given by the plaintiff and the ruling of the court thereon present but a single question for our consideration. It appears that the defendant and one William Sperb, the plaintiff’s assignor, entered into a written…
2Cases cited3 opinions
- Northridge v. . MooreNew York Court of Appeals · 1890
- Smyth v. . SturgesNew York Court of Appeals · 1888
- Conger v. . WeaverNew York Court of Appeals · 1859
3Cited by5 opinions
- Miskey v. MazeyWashington Supreme Court · 1929
- Moser v. EllisNew York Supreme Court · 1907
- Ely v. MathewsNew York Supreme Court · 1908
- Stewart v. BlackCourt of Appeals of Kentucky (pre-1976) · 1934
- White v. Onondaga County Savings BankAppellate Division of the Supreme Court of the State of New York · 1918