Firenzo v. Baxter

Appellate Division of the Supreme Court of New York

Firenzo v. Baxter

267 A.D. 799, 46 N.Y.S.2d 139, 1943 N.Y. App. Div. LEXIS 6269

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

DecidedDecember 28, 1943

StatusPublished

Cited by2 cases

This text of 267 A.D. 799 (Firenzo v. Baxter) 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

Firenzo v. Baxter, 267 A.D. 799, 46 N.Y.S.2d 139, 1943 N.Y. App. Div. LEXIS 6269 (N.Y. Ct. App. 1943).

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Opinion

This action is for specific performance or in the alternative for damages. On May 5, 1938, plaintiff entered into a contract with defendants whereby they agreed to convey to her a farm containing 135 acres in exchange for a piece of prop[800]*800erty owned by her. Later mutual deeds of the respective properties were exchanged. Thereafter plaintiff discovered that the land conveyed to her consisted of not 135 acres but of 92 acres. Thereupon she instituted this-action. The testimony shows that the value of the land was $20 an acre. The court awarded plaintiff a judgment for $860, being at the rate of $20 an acre for the 43-acre discrepancy. The facts sustain the findings. (Paine v. Upton, 87 N. Y. 327; Mills v. Kampfe, 202 N. Y. 46.) Judgment affirmed, with costs, -ill concur. [See post, p. 926.]

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This action is for specific performance or in the alternative for damages. On May 5, 1938, plaintiff entered into a contract with defendants whereby they agreed to convey to her a farm containing 135 acres in exchange for a piece of prop[800]*800erty owned by her. Later mutual deeds of the respective properties were exchanged. Thereafter plaintiff discovered that the land conveyed to her consisted of not 135 acres but of 92 acres. Thereupon she instituted this-action. The testimony shows that the value of the land was $20 an acre. The court awarded plaintiff a judgment for $860, being at the rate of $20 an acre for the 43-acre discrepancy. The facts sustain the findings. (Paine v. Upton, 87 N. Y. 327; Mills v. Kampfe, 202 N. Y. 46.) Judgment affirmed, with costs, -ill concur. [See post, p. 926.]

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Bluebook (online)

267 A.D. 799, 46 N.Y.S.2d 139, 1943 N.Y. App. Div. LEXIS 6269, Counsel Stack Legal Research, https://law.counselstack.com/opinion/firenzo-v-baxter-nyappdiv-1943.

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