New York Court of Appeals

George W. Kidd, Respondent v. Thomas McCormick, Appellants

January 18, 188183 N.Y. 391

Summary

The Court affirmed the judgment for the plaintiff, holding that his damages are the difference in value between the unfinished premises and their value if completed as contracted, that his taking possession, completing the buildings, and foreclosing his mortgages did not rescind the contract, that no reservation of the contract in the foreclosure judgments was required, and that he may recover expenditures made after the foreclosure sales.