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19 A.D. 332

Kramer v. Bjerrum

Appellate Division of the Supreme Court of the State of New York · decided 1897-07-15

Appeal by the defendant, Ernst A. J. Bjerrum, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of blew York on the 24th day of December, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s, office on the 13th day of January, 1897, denying the defendant’s motion for a new trial made upon the minutes.

Cited by 1 later decisions — most recently August 1934

Good law ✅— No negative treatment on recordhow we know

Decided 1897-07-15

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Ingraham, J. (concurring):

¶1I concur on the ground that the plaintiff failed to prove ■ his, cause of action in not showing that he procured a person ready to purchase the property upon the terms settled by the defendant. ■ A contract was signed, but the consideration that was to be paid for the defendant’s farm was the conveyance of a piece of property which was not, in some important particulars, as represented to the defendant. Whether or not the plaintiff was responsible for these representations, the defendant was induced to sign the contract by false representations as to the value and the rental of the property which he was to receive; and consequently no valid contract was made which the defendant was bound to observe, and the plaintiff, therefore, did not perform the services that he was bound to per-' form to entitle him to compensation.

¶2Judgment reversed, new trial ordered, costs to appellant to abide" event.

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