Moers v. . Moers
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme. Court in the first judicial department, entered March 19,' 1920, affirming a final judgment in favor of defendant dismissing the complaint, and bringing up for review a prior order of said Appellate Division which reversed an order of Special Term overruling a demurrer to the complaint and sustained such demurrer.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme. Court in the first judicial department, entered March 19,' 1920, affirming a final judgment in favor of defendant dismissing the complaint, and bringing up for review a prior order of said Appellate Division which reversed an order of Special Term overruling a demurrer to the complaint and sustained such demurrer. The nature of the action and the facts, so far as material, are stated in the opinion. The contract in suit is not an accord executory but a completed accord and satisfaction, because the defendant…
1Opinion of the CourtCollin, J.
The plaintiff seeks a judgment directing the defendant to specifically perform a contract between the parties. The demurrer of the defendant that the complaint does not state facts sufficient to constitute a cause of action was overruled by the Special Term and sustained by the Appellate Division. The complaint was not, under the leave of the Appellate Division to amend, amended, and was dismissed by the final judgment, which was affirmed by the Appellate Division.
The complaint alleges, in effect, and the demurrer admits the facts: The contract in question, in writing and under seal, was…
2Cases cited9 opinions
- Kromer v. . HeimNew York Court of Appeals · 1879
- Vedder v. VedderCourt for the Trial of Impeachments and Correction of Errors · 1845
- Morehouse v. . Second Nat'l B'k of OswegoNew York Court of Appeals · 1885
- Davis v. . SpencerNew York Court of Appeals · 1862
- Billings v. VanderbeckNew York Supreme Court · 1857
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