Mahar v. . Harrington Park Villa Sites
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 3, 1911, reversing a determination of the Appellate Term which reversed a judgment of the Municipal Court of the city of New York overruling a demurrer to the complaint on the ground that it did not state facts sufficient to constitute a cause of action.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 3, 1911, reversing a determination of the Appellate Term which reversed a judgment of the Municipal Court of the city of New York overruling a demurrer to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. The nature of the action, the question certified and the. facts, so far as material, are stated in the opinion. Plaintiff has erroneously assumed that, because the defendant corporation had failed to secure a…
1Opinion of the CourtWillard Bartlett, J.
The question certified to this court by the Appellate Division is as follows: “Does the complaint state facts sufficient to constitute a cause of action against the defendant Harrington Park Villa Sites % ”
The complaint alleges that at the city of' New York about July 27, 1909, the plaintiff had negotiations with the defendants regarding the sale by the defendants and the purchase by the plaintiff of certain lots of land situated at Harrington Park, New Jersey; that thereafter the defendants and plaintiff entered into a written agreement for the sale of said property to the plaintiff; that…
2Cases cited4 opinions
- Fritts v. PalmerSupreme Court of the United States · 1889
- Fink v. SladeAppellate Division of the Supreme Court of the State of New York · 1901
- J.R. Alsing Company v. . New England Quartz and Spar Co.New York Court of Appeals · 1903
- Burns v. . BurnsNew York Court of Appeals · 1907
3Cited by39 opinions
- John E. Rosasco Creameries, Inc. v. CohenNew York Court of Appeals · 1937
- Bagdon v. Philadelphia & Reading Coal & Iron Co.New York Court of Appeals · 1916
- David Lupton's Sons Co. v. Automobile Club of AmericaSupreme Court of the United States · 1912
- Unger v. Travel Arrangements, Inc.Appellate Division of the Supreme Court of the State of New York · 1966
- Fosdick v. Investors Syndicate, Inc.New York Court of Appeals · 1934
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