108 N.Y.S. 355 | N.Y. App. Div. | 1908
The defendants appeal from a judgment decreeing that they specifically perform a contract for the sale ef real estate. The record presents apparently two decisions both signed by the trial justice, but on closer examination it will be found that there is really only one. ■ Both parties submitted proposed decisions embracing findings of fact and conclusions of law. The justice, evidently with considerable care, allowed some of the findings and conclusions as presented by each party, modified others and allowed them in the modified form, and disallowed others,' marking in the margin his disposition of each request. A fair copy was then made embracing all the conclusions and findings allowed by the justice, and this-he signed evidently intending this to be his decision, and this we accept and treat as the decision upon which the judgment rests. It is true that the justice, doubtless inadvertently, appended his name to the proposed findings and conclusions submitted by the plaintiff, but there is no reason to suppose that he intended this paper to stand as his formal decision.
The plaintiff sues as assignee of one Nellie Duke who, on March 25, 1903, entered into a contract for the purchase from the defendants, executors of William F. Buckley, deceased, of a certain plot of land on Amsterdam avenue in the city of New York. It is this
Patterson, P. J., Ingraham, Laughlin and Clarke, JJ., concurred.
Judgment affirmed, with costs.
See Williams v. Buckley (100 App. Div. 517).— [Rep.
See 187 N. Y. 515.—[Rep.