Legal Opinion

Bishop v. Decker

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1914PublishedCited by 4 opinions

Appeal by the plaintiff from a judgment of the Supreme Court in favor of the defendants, made at Special Term and entered in the office of the clerk of the county of Kings on the 31st day of February, 1914.

1Opinion of the Court

Putnam, J.:

This ease differs from Paine v. Upton (87 N. Y. 337) and Mills v. Kampfe (202 id. 46). In Paine v. Upton the negotiation began by an inquiry as to the number of acres, and was maintained on a cash acreage basis, In Mills v. Kampfe the land Had been surveyed and a reference *891to this survey made, with other indications that quantity was essential. Hence, the learned trial court declined to find that the negotiations were on a quantity basis. This was an exchange where an incumbered city property is traded for vacant lands. The figures of value in plaintiff’s mind may have had no…

2Cases cited1 opinion

  1. Richardson v. . DraperNew York Court of Appeals · 1882

3Cited by4 opinions

  1. Barnosky v. PetteysAppellate Division of the Supreme Court of the State of New York · 1975
  2. Shay v. MitchellAppellate Division of the Supreme Court of the State of New York · 1976
  3. Ireland v. BaylisAppellate Division of the Supreme Court of the State of New York · 1919
  4. Miesner v. SlaughterAppellate Division of the Supreme Court of the State of New York · 1956

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