Biggs v. Steinway & Sons
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Hermann M. Biggs and another, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 5th day of May, 1919, upon the decision of the court rendered after a trial at the New York Special Term dismissing the complaint, with costs, and requiring the plaintiffs to pay to the defendant within thirty days the sum of $28,000, being the down payment made by the defendant to the…
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Appeal by the plaintiffs, Hermann M. Biggs and another, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 5th day of May, 1919, upon the decision of the court rendered after a trial at the New York Special Term dismissing the complaint, with costs, and requiring the plaintiffs to pay to the defendant within thirty days the sum of $28,000, being the down payment made by the defendant to the plaintiffs on the execution of the contract for the specific performance of which this action was brought, together with…
1Dissent
Page, J. (dissenting):
Mr. Justice Laughlin states that the decision in the case of Anderson v. Steinway & Sons (178 App. Div. 507; affd., 221 N. Y. 639) is controlling in the present case and that “ it necessarily. follows that the defendant was not obliged to take the title tendered either on the 1st or the 31st of August.” I do not concur in this conclusion. The Anderson case came before this court on an appeal from an order granting plaintiff’s motion for judgment on the pleadings, consisting of the complaint, answer containing a defense and counterclaim, and demurrers to the latter for…
Also in this document: Concurrence.
2Cases cited8 opinions
- Forster v. . ScottNew York Court of Appeals · 1893
- Jenkins v. . FaheyNew York Court of Appeals · 1878
- Anderson v. Steinway & SonsAppellate Division of the Supreme Court of the State of New York · 1917
- Anderson v. . Steinway SonsNew York Court of Appeals · 1917
- Baldwin v. SalterNew York Court of Chancery · 1840
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