Thompson v. Lyons

The Superior Court of New York City

Thompson v. Lyons

22 Jones & S. 101

CourtThe Superior Court of New York City

DecidedDecember 17, 1886

StatusPublished

This text of 22 Jones & S. 101 (Thompson v. Lyons) is published on Counsel Stack Legal Research, covering The Superior Court of New York City primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Thompson v. Lyons, 22 Jones & S. 101 (N.Y. Super. Ct. 1886).

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Opinion

Per Curiam.

The stipulation made and signed by the parties showed that the contract was rescinded. This presumptively meant a mutual rescission, and, in the absence of evidence rebutting the presumption, justified the finding that the rescission was by mutual agreement. This being so, although the contract was not strictly one for the exchange of real estate, the plaintiff became entitled to recover back what he had paid on account of the contract and the defendant could not maintain recoupment. There cannot be a rescission in part and an affirmance in part. The learned judge below was therefore right in the determination made by him.

The judgment must be affirmed with costs.

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Per Curiam.

The stipulation made and signed by the parties showed that the contract was rescinded. This presumptively meant a mutual rescission, and, in the absence of evidence rebutting the presumption, justified the finding that the rescission was by mutual agreement. This being so, although the contract was not strictly one for the exchange of real estate, the plaintiff became entitled to recover back what he had paid on account of the contract and the defendant could not maintain recoupment. There cannot be a rescission in part and an affirmance in part. The learned judge below was therefore right in the determination made by him.

The judgment must be affirmed with costs.

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Bluebook (online)

22 Jones & S. 101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-lyons-nysuperctnyc-1886.