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Werner v. Noeth

145 N.Y.S. 1149 Court N.Y. App. Div. Decision date 1914-01-21 English

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p. 1149
WERNER, Respondent, v. NOETH, Appellant.
(Supreme Court, Appellate Division, Fourth Department.
January 21, 1914.)

Headnote

Action by George Werner against George E. Noeth.

Judgment reversed, and new trial granted, with costs to appellant to abide event. 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.