Acropolis Realty Co. v. Froelich

Appellate Terms of the Supreme Court of New York

Acropolis Realty Co. v. Froelich

109 N.Y.S. 153

Appellate Terms of the Supreme Court of New York·Decided March 5, 1908·Published

Opinion

PER CURIAM.

It is apparent from this record that the plaintiff did not produce a purchaser ready and willing to enter into a contract of sale upon the terms stated by the defendant to this broker. At best, a party was produced who was willing to negotiate for a change of the terms, so far as they related to the presence of a mortgage shortly maturing, and no real transaction was concluded.

The justice properly exercised his discretion favorably to the motion to set aside the verdict, and the order granting a new trial is therefore affirmed, with costs.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

It is apparent from this record that the plaintiff did not produce a purchaser ready and willing to enter into a contract of sale upon the terms stated by the defendant to this broker. At best, a party was produced who was willing to negotiate for a change of the terms, so far as they related to the presence of a mortgage shortly maturing, and no real transaction was concluded.

The justice properly exercised his discretion favorably to the motion to set aside the verdict, and the order granting a new trial is therefore affirmed, with costs.

Acropolis Realty Co. v. Froelich, 109 N.Y.S. 153 (N.Y. Ct. App. 1908).

Pincite

109 N.Y.S. 153 (Acropolis Realty Co. v. Froelich) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.