Hyperlawhypertext legal database Waddle v. Cabana 154 N.Y.S. 1149

← Cases

Waddle v. Cabana

154 N.Y.S. 1149 Court N.Y. App. Div. Decision date 1915-06-09 English

Contents

Majority

p. 1149
WADDLE, Respondent, v. CABANA, Appellant.
(Supreme Court, Appellate Division, Fourth Department.
June 9, 1915.)

Headnote

Action by Edna P. Waddle, as administratrix, etc., against Oliver Cabana, Jr.

Judgment reversed, and judgment directed for the defendant, dismissing the complaint, with costs, including costs of this appeal. The fifth finding of fact, so far as it states “that the said stock has no known or ascertainable market value,” is hereby disapproved. Held, that the plaintiff did not- make a case for specific performance or show that she did not have an adequate remedy at law for damages.