← Cases

Edgar v. Ellison

186 A.D. 962 Court N.Y. App. Div. English

Contents

Majority

p. 962
Charles W. Edgar, Respondent, v. George O. Ellison, Appellant.

Judgment and order of the County Court of Orange county reversed and new trial ordered, costs to abide the event, on the ground that the purchaser did not go to Edgar’s office on the adjourned day with the cash as he was required to do. There is no satisfactory proof that the plaintiff procured a purchaser ready, willing and able to perform at the appointed time and place. Jenks, P. J., Thomas, Rich, Blaekmar and Jaycox, JJ., coucurred.