Edelman v. Wechsler

Appellate Division of the Supreme Court of New York

Edelman v. Wechsler

245 A.D. 748

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

DecidedJune 15, 1935

StatusPublished

Cited by3 cases

This text of 245 A.D. 748 (Edelman v. Wechsler) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Edelman v. Wechsler, 245 A.D. 748 (N.Y. Ct. App. 1935).

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Opinion

Judgment reversed on the law, with costs, and complaint dismissed, with costs. Plaintiff sues in equity, alleging an anticipatory breach of a contract for the payment of monthly installments during her lifetime because of the defendants’ failure to pay certain installments. Plaintiff was given judgment for $15,438.40 with interest, representing the value of said contract during the plaintiff’s life expectancy. On the proof adduced, the plaintiff is not entitled to recover in equity on the theory of a repudiation of the contract and an anticipatory breach thereof. (Werner v. Werner, No. S, 169 App. Div. 9; Wharton & Co. v. Winch, 140 N. Y. 287; Ga Nun v. Palmer, 202 id. 483.) Conclusions of law inconsistent herewith are reversed and new conclusions will be made. Lazansky, P. J., Hagarty, Scudder, Tompkins and Johnston, JJ., concur. Settle order on notice.

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Judgment reversed on the law, with costs, and complaint dismissed, with costs. Plaintiff sues in equity, alleging an anticipatory breach of a contract for the payment of monthly installments during her lifetime because of the defendants’ failure to pay certain installments. Plaintiff was given judgment for $15,438.40 with interest, representing the value of said contract during the plaintiff’s life expectancy. On the proof adduced, the plaintiff is not entitled to recover in equity on the theory of a repudiation of the contract and an anticipatory breach thereof. (Werner v. Werner, No. S, 169 App. Div. 9; Wharton & Co. v. Winch, 140 N. Y. 287; Ga Nun v. Palmer, 202 id. 483.) Conclusions of law inconsistent herewith are reversed and new conclusions will be made. Lazansky, P. J., Hagarty, Scudder, Tompkins and Johnston, JJ., concur. Settle order on notice.

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Bluebook (online)

245 A.D. 748, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edelman-v-wechsler-nyappdiv-1935.

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