Wakefield v. Brown

Appellate Division of the Supreme Court of New York

Wakefield v. Brown

242 A.D. 648

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

DecidedJune 15, 1934

StatusPublished

This text of 242 A.D. 648 (Wakefield v. Brown) 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

Wakefield v. Brown, 242 A.D. 648 (N.Y. Ct. App. 1934).

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Opinion

Judgment reversed on the law and the facts and complaint dismissed, with costs. In our opinion, the option to purchase was never exercised by Scott, and Scott’s offer to purchase by a different description contained in a contract proposed by him was never executed or accepted by the seller. There was, therefore, no meeting of the minds upon the essential elements of a contract and no enforcible contract was ever made. Findings of fact and conclusions of law inconsistent herewith are reversed and new findings and conclusions will be made. Lazansky, P. J., Kapper, Hagarty, Carswell and Tompkins, JJ., concur. Settle order on notice.

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Judgment reversed on the law and the facts and complaint dismissed, with costs. In our opinion, the option to purchase was never exercised by Scott, and Scott’s offer to purchase by a different description contained in a contract proposed by him was never executed or accepted by the seller. There was, therefore, no meeting of the minds upon the essential elements of a contract and no enforcible contract was ever made. Findings of fact and conclusions of law inconsistent herewith are reversed and new findings and conclusions will be made. Lazansky, P. J., Kapper, Hagarty, Carswell and Tompkins, JJ., concur. Settle order on notice.

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Bluebook (online)

242 A.D. 648, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wakefield-v-brown-nyappdiv-1934.