Lorillard v. . Silver
New York Court of Appeals
This is an appeal by the Defendant from an order of the General Term, reversing the judgment in his favor, entered upon the report of the referee, and granting a new trial. ' The Respondent claims the right to recover of the Appellant the sum of $500, and interest, under the following agreement: “ This is to certify that I agree to pay to Blaise Lorillard, in consideration of a certain piece, parcel, or tract of land, purchased of him as per deed, hearing date this…
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This is an appeal by the Defendant from an order of the General Term, reversing the judgment in his favor, entered upon the report of the referee, and granting a new trial. ' The Respondent claims the right to recover of the Appellant the sum of $500, and interest, under the following agreement: “ This is to certify that I agree to pay to Blaise Lorillard, in consideration of a certain piece, parcel, or tract of land, purchased of him as per deed, hearing date this twenty-sixth day of March, one thousand eight hundred and fifty-six, over and above the amount specified in a note given by me to…
1Opinion of the CourtHunt, J.
The disposition of the case will be controlled by the meaning of the expressions in the contract, “ in case I realize,” and “that I may sell said land for.” The referee held that the Defendant was only liable in the event of his actually making a sale of the premises, and receiving payment on such sale.
The General Term, on the contrary, were of the opinion that if the Defendant had an offer for the premises from which he could have made the requisite amount, but which for any reason he did not accept, he thereupon became liable to the Plaintiff' for the sum of five hundred dollars. The…
2Cited by13 opinions
- Simon v. . EtgenNew York Court of Appeals · 1915
- United States Smelting, Refining & Mining Co. v. HaynesUtah Supreme Court · 1947
- McAvoy v. SchrammeAppellate Division of the Supreme Court of the State of New York · 1933
- Blau v. LehmanDistrict Court, S.D. New York · 1959
- Kirk v. KirkIllinois Supreme Court · 1927
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