Woodruff v. . Germansky
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 29, 1920, affirming a judgment in favor of defendant entered upon a dismissal of the com-, plaint by the court on trial at Special Term. The complaint states a cause of action in equity. (Crary v. Smith, 2 N. Y. 60; Rindge v. Baker, 57 N. Y. 209; Bauman v. Pinckney, 118 N. Y. 604; James v. Barnes, 105 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 29, 1920, affirming a judgment in favor of defendant entered upon a dismissal of the com-, plaint by the court on trial at Special Term. The complaint states a cause of action in equity. (Crary v. Smith, 2 N. Y. 60; Rindge v. Baker, 57 N. Y. 209; Bauman v. Pinckney, 118 N. Y. 604; James v. Barnes, 105 App. Div. 287.) The affirmative defenses set up in the amended answer are insufficient and not supported by the evidence. (Sage v. Truslow, 88 N. Y. 240; Witbeck v. Wains, 16…
1Opinion of the CourtPound, J.
This is an action to compel the specific performance by the purchaser of one of the covenants to pay contained in a contract in writing for the sale of real estate, which the plaintiff, the vendor, has fully performed on his part. • Issue was joined by the service of an answer, the case was tried, both parties offering evidence, but the court, when the evidence was closed, instead of passing on the merits, reserved decision and later granted defendant’s motion to dismiss the complaint, on the ground that it failed to state a cause of action in equity. Counsel had no opportunity to interpose a…
2Cases cited7 opinions
- Pangburn v. . Buick Motor Co.New York Court of Appeals · 1914
- Brown v. Haff & LyonNew York Court of Chancery · 1835
- Baumann v. . PinckneyNew York Court of Appeals · 1890
- Crary v. . SmithNew York Court of Appeals · 1848
- Russell v. . PistorNew York Court of Appeals · 1852
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- National Surety Corporation of New York v. EllisonCourt of Appeals for the Eighth Circuit · 1937
- In re the Estate of De StuersNew York Surrogate's Court · 1950
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