Legal Opinion

Giarratano v. McIlwain

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

Decided March 12, 1926PublishedCited by 5 opinions

1Opinion of the CourtVan Kirk, J.

The complaint states a cause of action for rescinding a contract to convey a farm and personal property thereon, made August 10, 1920, by the plaintiffs and their assignors as vendees, with the defendant as vendor, on account of false representations as to the title and hens upon the real and personal *646property, relying upon which false representations the vendees entered into that contract; also a cause of action to recover the sums paid to defendant on the contract on the ground that defendant by his own fault and fraud had permitted his title to the real estate to be taken from him, thus…

2Cases cited5 opinions

  1. Elterman v. . HymanNew York Court of Appeals · 1908
  2. Davis v. William Rosenzweig Realty Operating Co.New York Court of Appeals · 1908
  3. Weigel v. . CookNew York Court of Appeals · 1923
  4. James v. . BurchellNew York Court of Appeals · 1880
  5. Flickinger v. . GlassNew York Court of Appeals · 1918

3Cited by5 opinions

  1. Hunt v. MahoneyCalifornia Court of Appeal · 1947
  2. Leavitt v. BlohmUtah Supreme Court · 1960
  3. In re the Estate of VaughanNew York Surrogate's Court · 1935
  4. American Savings & Loan Ass'n v. BlomquistUtah Supreme Court · 1970
  5. Leavitt v. BlohmUtah Supreme Court · 1960

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