Weintraub v. F. M. B. Realty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Abraham. S. Weintraüb, from an order of the Supreme Court, made at the New York Special term and entered in the office of the clerk of the county of New York on the 23d day of August, 1920, sustaining, defendant’s demurrer to the complaint with leave to plead over without payment of costs.
1Opinion of the Court
Merrell, J.:
The action is brought to obtain a decree for the specific performance of a contract for the purchase by the plaintiff of defendant of a parcel of real estate situate at No. 257 West Thirty-fifth street, in the borough of Manhattan, city of New York. The defendant demurred to the complaint upon the ground that it did not state facts'sufficient to constitute a, cause of action.
The complaint alleges that on January 20, 1920, the parties entered into a contract whereby the defendant agreed to sell to the plaintiff the real property in question for $30,000, $1,000 of which was to be…
2Cases cited3 opinions
- Pease Oil Co. v. Monroe County Oil Co.New York Supreme Court · 1912
- Pease Oil Co. v. Monroe County Oil Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Manhasset Point Co. v. WrightAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by1 opinion
- Boltizar v. BreitbartNew York Supreme Court · 1946