Reinert v. Schmidt — 220 N.Y. 696

Majority

p. 696

Matilda Reinert, Appellant, v. Johanna Schmidt, Respondent.

Headnote

Reinert v. Schmidt, 163 App. Div. 885 , affirmed.

(Argued March 12, 1917;

decided March 27, 1917.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department,

p. 697

entered May 5, 1914, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term in an action for rescission of a contract of sale of real estate on the ground that the plaintiff was induced to enter into the contract by reason of the false and fraudulent representations of the defendant. Judgment was demanded in the complaint for the rescission of the contract in question, the return of the sum of $1,000 paid on account by the plaintiff, and that said sum be declared a lien upon said premises and satisfied from a sale'thereof; that plaintiff recover the sum paid for searching the title, and for such other relief as might be proper.

George H. Taylor, Jr., and Albert J. Appell for appellant.

Julius Miller for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Oh. J., Collin, Carduzo, Pound, Crane and Andrews, JJ. Not voting: Cuddeback, J.