Biggs v. Steinway & Sons
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Hermann M. Biggs and another, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 5th day of May, 1919, upon the decision of the court rendered after a trial at the New York Special Term dismissing the complaint, with costs, and requiring the plaintiffs to pay to the defendant within thirty days the sum of $28,000, being the down payment made by the defendant to the…
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Appeal by the plaintiffs, Hermann M. Biggs and another, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 5th day of May, 1919, upon the decision of the court rendered after a trial at the New York Special Term dismissing the complaint, with costs, and requiring the plaintiffs to pay to the defendant within thirty days the sum of $28,000, being the down payment made by the defendant to the plaintiffs on the execution of the contract for the specific performance of which this action was brought, together with…
1Opinion of the Court
Laughlin, J.:
Mr. Justice Gavegan, before whom the issues were tried, wrote a well-considered opinion, properly disposing of the principal points; but in view of the importance of the litigation and the novelty of the questions presented, we deem it necessary to add some further observations in support of the judgment.
The contract between the plaintiffs and the defendant was made on the 29th of June, 1916, and thereby the plaintiffs *528agreed on the first day of August thereafter to convey to the defendant by deeds in the proper statutory short form containing the usual full covenants and…
2Cases cited12 opinions
- Willard v. TayloeSupreme Court of the United States · 1870
- Higgins v. . EagletonNew York Court of Appeals · 1898
- Schmidt v. . ReedNew York Court of Appeals · 1892
- Wells v. SmithNew York Court of Chancery · 1837
- Jenkins v. . FaheyNew York Court of Appeals · 1878
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3Cited by1 opinion
- Cochran v. Independent School DistrictSupreme Court of Iowa · 1929