The New York Supplement, Volume 106 |
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Page 7
and that it was rejected within a reasonable time after opportunity to examine , even though the purchase price had been paid . [ Ed . Note . For cases in point , see Cent . Dig . vol . 43 , Sales , § 476. ] 3. SAME - PERFORMANCE .
and that it was rejected within a reasonable time after opportunity to examine , even though the purchase price had been paid . [ Ed . Note . For cases in point , see Cent . Dig . vol . 43 , Sales , § 476. ] 3. SAME - PERFORMANCE .
Page 8
In an action as upon a re- scinded contract the vendee can recover only the purchase price paid . In an action , however , as for a breach of contract , the vendee is en- titled to recover the value of his contract , which includes not ...
In an action as upon a re- scinded contract the vendee can recover only the purchase price paid . In an action , however , as for a breach of contract , the vendee is en- titled to recover the value of his contract , which includes not ...
Page 10
... cannot , in the absence of fraud or deceit on the part of the vendor on delivery of the goods , pay the purchase money , and subsequently rescind the contract and re- ject the goods for defects ascertainable on examination .
... cannot , in the absence of fraud or deceit on the part of the vendor on delivery of the goods , pay the purchase money , and subsequently rescind the contract and re- ject the goods for defects ascertainable on examination .
Page 27
Where an executrix under the will is required to invest a certain sum in the purchase of an absolute annuity , the annuitant may elect to take the capital sum , instead of having it invested for the purchase of an an- nuity .
Where an executrix under the will is required to invest a certain sum in the purchase of an absolute annuity , the annuitant may elect to take the capital sum , instead of having it invested for the purchase of an an- nuity .
Page 28
and 140 New York State Reporter annuitant was entitled to receive the purchase money instead of the annuity . The court said : " It would be an idle form to direct an an- nuity to be purchased which the annuitant might sell immediately ...
and 140 New York State Reporter annuitant was entitled to receive the purchase money instead of the annuity . The court said : " It would be an idle form to direct an an- nuity to be purchased which the annuitant might sell immediately ...
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140 New York action affirmed agreed agreement alleged amount appeal Appellate Division application appointment attorney authority building cause Cent certificate charge claim Code Company complaint condition contract corporation costs counsel damages death defendant defendant's denied Department determined directed duty effect entitled evidence examination execution fact filed follows given granted ground held interest issue judgment jury justice land matter mortgage motion N. Y. Supp negligence Note notice objection obtained owner paid party payment person plaintiff possession premises presented proceedings purchase question railroad reason received recover referred refused relator respondent reversed rule sell Special statute street sufficient Supreme Court Term thereof tion trial trust witnesses York State Reporter