Logourl black
From our private database of 14,200+ case briefs...

Ziehen v. Smith

Court of Appeals of New York
42 N.E. 1080 (N.Y. 1896)


Facts

Ziehen (plaintiff) agreed to buy a tract of land from Smith (defendant). Ziehen paid $500 down upon the execution of the contract. The day designated by the contract for mutual performance—the remainder of the payment and transfer of the deed—was September 15, 1892. Unbeknownst to either party, there was a third-party mortgage on the land, and an action to foreclose the mortgage had commenced on July 21, 1892. On September 15, Ziehen did not offer to pay the purchase price, nor did he demand performance from Smith. The foreclosure was later granted on September 30. Ziehen brought suit to recover his down payment. The trial court found in Ziehen's favor, and Smith appealed.

Rule of Law

Issue

Holding and Reasoning (O’Brien, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 252,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.