Meyers v. Freud — 67 N.Y.S. 1140

Majority

p. 1140

MEYERS, Respondent, v. FREUD, Appellant.

(City Court of New York, General Term.

January 3, 1901.)

Headnote

Action by Herman Meyers against Hannah Freud. From a judgment for plaintiff, defendant appeals.

Affirmed.

Edwin L. Kalish, for appellant.

Abraham Levy, for respondent.

The judgment must be affirmed. It clearly appears that plaintiff’s assignor was justified in terminating the contract made between her and defendant, because the latter not only failed to pay the sum of money which the defendant admitted was owing thereunder, but refused to do so until she was ready and willing. Under these circumstances the election made to end the contract, and the removal of the goods owned by plaintiff’s assignor from defendant’s premises, were just and reasonable acts.' Judgment affirmed, with costs and disbursements.