Brody, Adler & Koch Co. v. Hochstadter
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Bella W. Hochstadter and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 2d day of May, 1913, upon the decision of the court after a trial at the New York Special Term, and also from an order entered in said clerk’s office on the 6th day of May, 1913, denying the defendants’ motion for a new trial made upon the minutes, with notice of intention to bring up…
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Appeal by the defendants, Bella W. Hochstadter and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 2d day of May, 1913, upon the decision of the court after a trial at the New York Special Term, and also from an order entered in said clerk’s office on the 6th day of May, 1913, denying the defendants’ motion for a new trial made upon the minutes, with notice of intention to bring up for review the decision of the Special Term dismissing the defendants’ counterclaim for specific performance.
1Opinion of the Court
McLaughlin, J.:
On the 18th of December, 1911, the parties entered into a written contract by which the plaintiff agreed to purchase, and the defendants to sell, for $185,000, certain real estate in the city of New York. At the time the contract was executed $5,000 of the purchase money was paid; $5,000 agreed to be paid when the deed was delivered; $110,000 by taking the property subject to a mortgage for that amount then thereon; and the balance by the vendee giving back a purchase-money mortgage for $65,000, payable on the 1st day of February, 1916, or sooner, at the option of the holder if…
2Cases cited3 opinions
- Parish v. . ParishNew York Court of Appeals · 1903
- Brody, Adler & Koch Co. v. HochstadterAppellate Division of the Supreme Court of the State of New York · 1912
- Lauder v. MeseroleAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by1 opinion
- Mitchell v. ThompsonCourt of Appeals of Texas · 1926