Addieg v. Tull
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. Action at law by .Prank Addieg and others against Samuel P. Tull. Judgment for plaintiffs for part of their claim, and they bring error.
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In Error to the Circuit Court of the United States for the Southern District of New York. Action at law by .Prank Addieg and others against Samuel P. Tull. Judgment for plaintiffs for part of their claim, and they bring error. Writ of error to review a judgment of the Circuit Court, Southern District of New York, entered upon the verdict of a jury in favor of the plaintiffs in error who were plaintiffs below.† The plaintiffs have brought this writ of error because only one of the two items of their demand as stated in the complaint was allowed. The following facts were conceded upon the…
1Opinion of the CourtNoyes, Circuit Judge
(after stating the facts as above). '[1] The verdict of the jury established that the terms of the letter of March 25, 1908, were accepted and approved by the plaintiffs, and no contention is made that it was not binding because not signed by them. This letter, then, constituted an agreement between the parties, conditioned. only upon the rebuilding of the structure by the defendant, within a reasonable time. It bound the plaintiffs to take a lease of the new premises upon the terms of the prior lease, if the defendant rebuilt within such time. It bound the defendant, in case he rebuilt, to…
2Cases cited5 opinions
- Lawrence v. . MillerNew York Court of Appeals · 1881
- Havens v. . PattersonNew York Court of Appeals · 1870
- Weinberg v. GreenbergerAppellate Terms of the Supreme Court of New York · 1905
- Abramowitz v. GrayAppellate Terms of the Supreme Court of New York · 1906
- Rosenfeld v. SilverAppellate Terms of the Supreme Court of New York · 1905
3Cited by3 opinions
- Branhill Realty Co. v. Montgomery Ward & Co.Court of Appeals for the Second Circuit · 1932
- Malavazos v. Irving Trust Co.Court of Appeals for the Second Circuit · 1933
- Tobin v. GluckDistrict Court, E.D. New York · 2015