Contracts · MBE-tested

Richard S. Newcombs and C. John Eppig, as Administrators, etc., of Joseph Eppig, Deceased, Substituted in Place of Theodore C. Eppig, Deceased, Individually and as Executor, etc., of Joseph Eppig, Deceased, Respondents, v. Otto Gruhn, Appellant

183 A.D. 948·New York Supreme Court, Appellate Division·1918·NY

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Opinion

Richard S. Newcombs and C. John Eppig, as Administrators, etc., of Joseph Eppig, Deceased, Substituted in Place of Theodore C. Eppig, Deceased, Individually and as Executor, etc., of Joseph Eppig, Deceased, Respondents, v. Otto Gruhn, Appellant. Judgment reversed, and with it the 12th finding of fact and all the conclusions of law, and found that on January 26,1915, the vendor did not have and could not convey marketable title, and failed to perform the contract; the former judgment is such adjudication of the facts and law as precludes the relief asked in this action. Complaint dismissed, with costs to the defendant. [MAJORITY] Jenks, P. J., Thomas, Rich, Putnam and Blackmar, JJ., concurred.