Appellate Division of the Supreme Court of New York, 1904

Ragette v. Zimmer

Ragette v. Zimmer
Appellate Division of the Supreme Court of New York · Decided November 11, 1904
90 N.Y.S. 1111 (New York Supplement)
Ragette v. Zimmer

Opinion of the Court

PER CURIAM.

There does not seem to have been any reason for the bringing of this action. All the relief to which the plaintiffs are entitled to could have been secured in the action for specific performance. Indeed, it is difficult to see how this action could have been maintained, had a proper objection been interposed in time. We think that the judgment below should be modified, by striking therefrom the costs and disbursements, and, as modified, affirmed, without costs.

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