202 A.D. 108 | N.Y. App. Div. | 1922
This action was. brought against defendant for an alleged wrongful sale of personal property under a chattel mortgage, and for an eviction from real property by reason thereof. The facts, briefly, are these: On the 11th day of December, 1918, the plaintiffs entered into a written agreement with the defendant in and by which they'agreed to buy defendant’s farm of 160 acres for $12,250, $1,500 of the purchase price to be paid down, the balance at $75 per month, during the year 1919, omitting the month of January, and on January 1,1920, $1,000 was to be paid, and $250 on each first day of January thereafter. It will be seen there was but $1,500 paid down. With the sale of the real estate and by the same instrument was sold a large quantity of personal property, twenty-three cows, five horses, wagons, sleighs, drags and mowing machines and reaper and all other tools and machinery necessary to carry on successfully a large farm. The contract provides that when the purchase price is paid down to $6,000 the defendant shall give to plaintiffs a good and sufficient deed, and the premises should be free of all incumbrance. As collateral security for the payment of the sums in and by the
Judgment reversed and a new trial granted, with costs.
We disapprove of the 6th, 9th, 10th, 11th, 12th, 14th, 15th, 16th, 17th, 18th, 19th, 20th, 21st, 22d, 23d, 24th, 25th, 26th, 28th, 29th, 30th, 31st, 32d, 33d, 34th findings of fact, and of the 1st, 2d, 3d, 4th, 5th and 6th conclusions of law.
All concur.
Judgment reversed on law and facts and new trial granted, with costs to the appellant to abide the event. The court disapproves of findings of fact numbered 6, 9, 10, 11, 12, 14,15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 28, 29, 30, 31, 32, 33 and 34.