Beier v. Spaulding
New York Supreme Court
Appeal from circuit court, Erie county. Action by Mary Beier against Nellie N. Spaulding. From a judgment entered on a verdict in favor of defendant, and from an order denying a motion for a new trial, made on the minutes, plaintiff appeals.
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Appeal from circuit court, Erie county. Action by Mary Beier against Nellie N. Spaulding. From a judgment entered on a verdict in favor of defendant, and from an order denying a motion for a new trial, made on the minutes, plaintiff appeals. By contract of date December 24, 1892, Leonard Fierle and Victoria, his wife, agreed to sell to the defendant certain premises situate in the town of Hamburg, Erie county, for the sum of $3,500, of which the defendant agreed to and did then pay $500, and agreed to pay $1,000 in six months, and the vendors agreed thereupon to convey to her by warranty…
1Opinion of the CourtBradley, J.
It is urged on the part of -the plaintiff that she is entitled to the return of the sum paid by her for the transfer of one-third interest in the contract, for the reason that there was a total failure of consideration. For the support of that charge, the plaintiff relies upon the record of a judgment in the defendant’s action against the Fierles, by which it appears that the court found that they had no title to the premises described in the contract at the time it was made, nor between that time and *1057the 1st day of August, 1893. This situation constituted a breach ■of the contract available…
2Cases cited7 opinions
- Nichols v. . MichaelNew York Court of Appeals · 1861
- Burwell v. . JacksonNew York Court of Appeals · 1854
- Wheaton v. BakerNew York Supreme Court · 1853
- Baker v. RobbinsNew York Supreme Court · 1846
- Thomas v. . BartowNew York Court of Appeals · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Kleinman v. StrassburgNew York Supreme Court · 1921