¶1The trial justice dismissed the complaint upon the ground that the plaintiff’s testator agreed to sell the lease and good will of the hotel in question. The hotel having no ' good will, there was a failure of consideration, and therefore no cause of action herein. His ruling was right, and judgment must be affirmed, with costs.
23 N.Y.S. 665
Johnson v. Friedhoff
City of New York Municipal Court
Decided May 9, 1893
City of New York Municipal Court · decided 1893-05-09
Action by Christopher A. Johnson, as administrator of Christopher Johnson, deceased, against John P. Friedhoff, for defendant’s failure to complete a purchase of property sold to him by intestate at public aution. From a judgment dismissing the complaint, plaintiff appeals.
Affirmed · Decided 1893-05-09