Smith v. Geoghegan

Appellate Terms of the Supreme Court of New York

Smith v. Geoghegan

114 N.Y.S. 29

Appellate Terms of the Supreme Court of New York·Decided January 8, 1909·Published

Opinion

PER CURIAM.

At the time when the plaintiff paid the deposit of $100 to the defendant, there was certainly-no meeting of the minds of the parties upon a lease, since the lessor’s consent was concededly withheld, and the evidence justified the trial court in reaching the conclusion that this deposit was of a tentative character, and was made with the understanding that the plaintiff could withdraw it in three days, if he then determined not to take a lease. The case is within the rule applied in Aquelini v. Provident Realty Co. (Sup.) 84 N. Y. Supp. 1014.

Judgment affirmed, with costs.

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PER CURIAM.

At the time when the plaintiff paid the deposit of $100 to the defendant, there was certainly-no meeting of the minds of the parties upon a lease, since the lessor’s consent was concededly withheld, and the evidence justified the trial court in reaching the conclusion that this deposit was of a tentative character, and was made with the understanding that the plaintiff could withdraw it in three days, if he then determined not to take a lease. The case is within the rule applied in Aquelini v. Provident Realty Co. (Sup.) 84 N. Y. Supp. 1014.

Judgment affirmed, with costs.

Smith v. Geoghegan, 114 N.Y.S. 29 (N.Y. Ct. App. 1909).

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Opinion

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