Kahn v. Imershein, Resnick

New York Court of Appeals

Kahn v. Imershein, Resnick

159 N.E. 654, 246 N.Y. 565, 1927 N.Y. LEXIS 962

New York Court of Appeals·Decided October 28, 1927·Published

Opinion

Order affirmed, with costs, on ground that the complaint fails to state a tender of performance by plaintiff or facts excusing such tender and permitting recovery on principal of plaintiff’s readiness to perform. Third question certified answered in the affirmative; fourth and fifth questions in the negative. Other questions not answered.

Concur: Cardozo, Ch. J., Crane, Andrews, Lehman and O’Brien, JJ.; Pound, J., concurs in result; Kellogg, J., not sitting.

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Order affirmed, with costs, on ground that the complaint fails to state a tender of performance by plaintiff or facts excusing such tender and permitting recovery on principal of plaintiff’s readiness to perform. Third question certified answered in the affirmative; fourth and fifth questions in the negative. Other questions not answered.

Concur: Cardozo, Ch. J., Crane, Andrews, Lehman and O’Brien, JJ.; Pound, J., concurs in result; Kellogg, J., not sitting.

Kahn v. Imershein, Resnick, 159 N.E. 654, 246 N.Y. 565, 1927 N.Y. LEXIS 962 (N.Y. 1927).

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159 N.E. 654 (Kahn v. Imershein, Resnick) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.