Fagan v. Ulrich
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Mary E. Fagan and another, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Schenectady on the 14th day of October, 1914, upon the decision of the court dismissing the complaint after a trial before the court without a jury.
1Opinion of the Court
Kellogg, J.:
The action was brought for the specific performance of a contract made August 9, 1904, for the sale by the defendant Ulrich to the plaintiffs of the Ulrich block (now called the Fagan block) in the city of Schenectady. By the terms of the contract the plaintiffs paid $200 down, and on the first day of September thereafter were put into possession of the property and have since remained in possession, paying the taxes, insurance and interest from time to time and small payments on the principal, aggregating $1,500. The vendor has never objected to the manner in which payments were…
2Cases cited4 opinions
- Insurance Co. v. DutcherSupreme Court of the United States · 1877
- Nicoll v. . SandsNew York Court of Appeals · 1892
- Heyn v. . New York Life Ins. Co.New York Court of Appeals · 1908
- Fox v. CoggeshallAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by6 opinions
- Grundstein v. Suburban Motor Freight, Inc.Ohio Court of Appeals · 1952
- Allen v. Oscar G. Murray Railroad Employes' Benefit FundNew York Supreme Court · 1920
- Eden v. Southern Colorado Midget Racing, Inc.Supreme Court of Colorado · 1963
- Miller v. Danby Co-operative Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1920
- Eden v. Southern Colorado Midget Racing, Inc.Supreme Court of Colorado · 1963
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