Werner v. Noeth

Appellate Division of the Supreme Court of New York

Werner v. Noeth

161 A.D. 911, 145 N.Y.S. 1149

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

DecidedJanuary 15, 1914

StatusPublished

This text of 161 A.D. 911 (Werner v. Noeth) 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

Werner v. Noeth, 161 A.D. 911, 145 N.Y.S. 1149 (N.Y. Ct. App. 1914).

Pincite

Opinion

Judgment reversed and new trial granted, with costs to appellant to abide event. Held, that the judgment is erroneous in that it requires defendant to specifically perform the contract without requiring plaintiff to perform on his part by furnishing to defendant the title and tax searches and map or survey specified in the contract, there being no finding that this part of the contract has been either performed or waived. All concurred.

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Judgment reversed and new trial granted, with costs to appellant to abide event. Held, that the judgment is erroneous in that it requires defendant to specifically perform the contract without requiring plaintiff to perform on his part by furnishing to defendant the title and tax searches and map or survey specified in the contract, there being no finding that this part of the contract has been either performed or waived. All concurred.

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Bluebook (online)

161 A.D. 911, 145 N.Y.S. 1149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/werner-v-noeth-nyappdiv-1914.